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PnotDgraphic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

W..BSTER,  N.Y.  14580 

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CIHM/ICMK 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


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n 


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a 


n 


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Q 


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10X  14X  18X  22X 


26X 


12X 


30X 


16X 


20X 


24X 


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32X 


lire 

details 
ies  du 

modifier 
ler  une 
filmage 


es 


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the  last  page  with  a  printed  or  .Justrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
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first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"J. 
whichever  appEies. 

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right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film*  fut  reproduit  grfice  d  la 
g6n6rosit6  de: 

Douglas  Library 
Queen's  University 

Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  filmds  en  commen^ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmds  en  commenqant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  fiUIVRE  ".  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Stre 
filmds  i  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  eat  trop  grand  pour  dtre 
reproduit  en  un  seu!  clich6,  il  est  film*  d  partir 
de  Tangle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n*cessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


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2 

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Late   Contractor  for   the    State  of  New-Yorh,  See. 


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FOR  SERVICES  DURING  THE 


KAXE  WAR. 


NEW-YORK, 
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^  1 


INTRODUCTION. 


IV/icti  claims  to  a  larf^c  amount  are  placed  in  ap- 
peal before  the  President  and  Heads  of  Department,  they 
necessarily  call  for  the  examination  of  a  multiplicity  of 
documents,  ichich,  ickcn  in  manuscript,  appear  tedious^ 
and  are  read  with  great  difficulty  by  the  Tribunal  to 
whom  appeals  are  made.  Nor  will  the  other  important 
concerns  of  the  executive  Department  admit  of  time  for 
the  satisfactory  perusal  of  a  mass  of  separate  touchers 
and  papers. 

With  a  sincere  desire  to  give  the  Government  all 
the  information  relating  to  his  claims,  the  present  claim- 
ant has  been  induced  to  place  before  the  2)ropcr  Tribunal 
his  case  in  its  present  shape.  In  the  exercise  of  that  li- 
berty which  belongs  to  every  independent  mind,  he  hai, 
made  such  notes  and  remarks  on  other  documents  as 
have  an  immediate  bearing  on  his  claims^  as  the  necessi- 
ty of  his  defence  required. 

In  our  defence,  we  7nay  be  allowed  to  express  our  wrongs 
with  honest  indignation,  especially  if  principles  are  set  up 
in  bar  of  our  just  rights  ;  and  opposed,  as  loe  believe,  to  eve- 
ry maxim  of  law  ana  reason.  The  mistakes  of  the  3d  jiudi- 
tor  may  be  excused,  but  to  attempt  to  invalidate  a  contract  and 
principles  establishedin  a  former  settlement,is  an  abuse  of  pow- 
er, that  immediately  concerns  the  nation's  honor  and  the  peace 
of  society.  The  present  claimant,  however,  disclaims  any  dis- 
respect to  the  authorities  of  Government,  or  'any  considera- 
tions but  those  of  personal  regard  to  the  Accounting  Officers. 

Every  person  is  interested  in  all  pecuniary  claims 
upon  the  United  States,  and  as  each  contributes  a  portion 
to  the  ng^tional  treasure,  so  every  citizen  must  rejoice  in 
the  administration  of  strict  and  impartial  justice,  in 
whatsoever  relates  to  the  distributionof  the  public  funds. 

105565 


/' 


.frnr^r.  ^oc«m^7i^5,  Correspondence  and  Remon- 

strance, were  not  commenced  or  printed  with  any  view 
of  hem^  placed  before  Congress  or  the  public,  Except 
only,    tn  an    eventual  appeal    to    that   august    body 
Jor  a  rearms  of  grievance  from  the  decisions  of  the  Ac- 
countmg  Officers  of  the  Treasury  Department      Thtis 
the  right  oj  the  humblest  citizen  'as  exercised  in  the  most 
arbitrary  governments,     Andunder  the  peculiar  circwm^ 
stances  of  the  present  case,  should  the  claimant  be  dritm 
to  seek  for  justice  to  fhehighest  Tribunal  prescribed  by  the 
Constitution,  altho'  he  might  reasonably  complain-^still 
he  only  regrets  the  delay  which  has  resulted  in  the  loss  of  a 
session  of  Congress.   But  as  the  gentleman  who  now  pre^ 
sides  over  the  War  Department  has  declared  he  wilt  de- 
cide, and  decide  promptly  on  all  the  claims  and  that  the 
present  claimant  should  receive  the  benefit  of  every  decis- 
ion as  granted  toothers  in  similar  cases ;  the  undersigned 
rests  his  cause  tcith  perfect  confidence  of   receivins 
erentnal  justice.  ^  ^  ^ 


4 


REMONSTRANCE,  &c. 


The  undersigned,  late  Contractor  for  the  supply  of 
the  Troops  and  Armies  of  the  United  States  during 
the  late  war,  having  suffered  many  grievances,  in  conse- 
quence of  that  rule  of  justice  and  equity  being  withheld 
from  him,  which  is  believed  to  have  been  administered 
to  others  by  the  proper  department,  is  now  compelled  to 
make  known,  in  a  solemn  and  condensed  form,  his  man- 
ifold wrongs,  and  to  appeal  for  redress  to  the  well-known 
justice  of  the  Government,  under  the  decisions,  laws 
and  Constitution  of  his  country. 

And  tiotwithstandin  ^  the  presumed  popularity  of  the 
third  Auditor,  who  has  rejected  his  claims  or  referred 
them  to  the  second  Comptroler,  the  undersigned  will  fear- 
lessly and  positively  declare,  before  God,  his  country  and 
the  world,  that  the  third  Auditor  has  been  guilty  of 
manifest  perversion,  in  his  construction  of  the  Law  and 
the  Contracts,  of  misstatement  of  facts,  and  is  false  in 
his  premises  and  principles,  and  erroneous  in  his  arith- 
metical statements. 

That  he  has  assumed  dictatorial  powers  in  equity, 
which  alone  have  been  exercised  and  belong  of  right  to 
the  War  Department,  or  to  Congress. — (See  note  a.) 

That  he  has  denied,  that  the  casks  and  packages  have 
been  paid  for  by  the  United  States,  in  the  settlement  of 


ii 


Contractors'  accounts,  when  the  facts  are  fully  recorded 
that  for  troops  on  the  march,  or  on  board  of  transports, 
casks  and  packages  have  been  always  paid  for  at  a  fair  val- 
uation.— (b.) 

He  denies  to  the  claimant  a  general  principle  in- 
volving the  payment  of  casks  in  past  cases  as  not  appli- 
cable to  the  present,  differing  only  in  the  amouut  of  the 
claim. — (b.) 

That  when  packages  have  been  captured  by  the  ene- 
my, or  destroyed  by  the  troops  of  the  United  States— 
which  packages  and  boxes  are  requisite  and  necessary  for 
the  transportation  of  the  provisions,  he  denies  that  they 
should  be  paid  for,  when  the  sixth  article  of  the  contract 
expresaly  provides  for  the  payment. — (b.) 

H^  ^pnm  to  the  present  claimant  the  same  jus- 
ripe  ftfld  eqv|jt|^  thftt  h^s  bjijen  granted  by  an  original  and 
gqflpral  depisipji  of  the  War  Department,  dated  October 
l^t  W'^,  granting  pay  for  caskJ  and  packages  to  anoth- 
er cJmmftRt.—(p.)  ^ 

|l^  aUpWs  HP  validity  to  the  decision  of  the  Honor- 
able Sepietftry  of  War,  of  27th  January,  i81«,  directing 
\\i  gpp^r^l  term^  t|ie  accounting  officers  to  grant  all  po^- 
Ir^Ptors'  claims  for  requisitions  made  on  the  contractors, 
which  requisitions  were  not  authorized  by  the  contrja,ct.— 

He  depjes  the  claimant  official  copies  of  depigipnp 
pf  rtip  War  Department,  made  i|i  other  cases  fqr 
similar  and  like  pompenaation,  vvhiph  deeision^  by  every 
rule  pf  this  Qovernment,  are  the  property  of  the  people, 
ftftj}  every  citizen  is  entitled  to  a  copy  who  has  claims  on 
the  U^ted  States.— (p.  j 

He  denies  to  the  claimant  pfficial  copies  of  his  own 
documents,  which  documents  are  of  vital  importance  in 
ijie  prpspcution  of  his  clainis.T— (d.) 

He  defies  a  condensed  report  of  the  gallons  or  gills 
of  Whiskey  actually  furnished  by  the  claimant  to  thp  use 
9f  Ae  United  States  after  tjie  passage  af  a  law  by  Con- 
gress laying  a  tax  on  Whiskey  fiistilled  within  the  United 
States,  and  that  he  I  xs  insulted  the  honor  and  dignity  of 


\v 


tli«  Urtllcd  States,  by  alledging  that  lio  will  not  furnish 
documents  that  may  raise  or  establish  charges  against  the 
United  States. — (d.) 

Tliat  instead  of  referring,  as  jtistice  and  luirhdriit^  W6uld 
dietttte/  tlie  jparty  aggrieved  by  an  act  of  Congress,  passed 
94th  J»ly,  1813,  (laid  for  wise  ahd  bentjficial  purpb^esj  ib 
that  ougMst  body  for  redress  of  the  grieyance,  which  afc't  to 
th0  party  H^grievedtvas  *'«x  post  facto/^  artd  uhec(uiv6ca!- 
Yfimpdirs  their  eentract  to  the  full  dnaount  6f  the  Tax,  hte 
has  arrdgantly  dismissed  thfe  claim  by  that  favorite  aiid 
magic  «vord,  "  inadmissible." — (e.) 

That  he  has  erroneously  alledged  that  tiie  late  coiiifiii^ 
tor  received  12  1-2  per  cent,  the  wastage  on  tlie  ^oss  il- 
mount^  and  one  cent  for  the  issue  of  each  ration  of  the  pro- 
▼ision  delivered  oh  boardof  transports  in  the  desceifii  of  thfe 
St.  Lriwrence,  in  1813,  as  well  as  on  the  net  amount  issued 
6ri  the  termination  of  the  expedition,  when  in  fact  nocreJ- 
H  has  beeti  grafted  to  the  late  contractor  for  the  perquis- 
ites on  the  gross  or  net  amount  of  provisions  issued,  ai- 
fhbugh  tho  services  and  duty  were  performed  by  the  A- 
gents  of  the  contractor,  by  the  express  orders  of  the  com- 
manding General. — (f.) He  has  deniedi  tJie  late  co^ 

tractor  compensation  for  being  compelled,  contrary  to 
every  stipulation  of  his  contract,  to  receive  an  excefes  df 
806,338  Rations  of  Flour  over  the  other  component  parts 
of  the  tatiofts  left  in  deposit  by  Augustus  Porter,  arid 

British  captured  Flour  : That  the  damages  lor  this 

breach  of  the  contract  is  at  a  moderate  estimate  ;^9^,iSfO  14 
^errts^  itnd  that  the  contractor  was  not  botind  to  issue  any 
of  the  above  deposit. — (g.) 

That  the  general  decision  of  the  War  Department,  of 
27th  January,  1816,  requires  the  accounting  oj^cer  io 
grant  damages  for  the  issue  cfprorisions  not  warranted 
by  the  cdntract. — (o.) That  the  third  Auditor  has  ob- 
jected to  this  claim,  by  alledging  that  the  contractor  fe- 
cerve^  the  provisions  Without  objection,  when  it  must 
have  been  well  known  that  he  did  object,  and  pro- 
tested again^  deceiving  the  provisions  in  unequal 
^ropottion®,'  and  that  his   letter  of  protest  was  duly 


m 


/'/ 


^fmm 


'I 


received,  and  a  copy  filed  in  the  records  of  the  War  Of- 
fice.— (o.) 

That  he  has  irrelevantly  replied  to  this  claim,  hy  insinu- 
ating that  the  claimant  left  a  deposit  in  unequal  propor- 
tions, and  instances  one  place  or  deposit  only  ;  whernas, 
had  he  stated  all  the  circumstances,  it  woufd  have  been 
seen  that  the  general  mass  of  deposits  left  by  the  contrac- 
tor was  in  equal  proportions,  or  nearly  so,  v.ithin  th'^  state 
of  New- York;  and  that  they  were  received  by  the  order 
of  the  War  Department,  and  that  this  constituted  no  com- 
plaint on  the  part  of  his  successor,  or  objection  on  the  part 
of  Government,   is  admitted,  but,  on  the  contrary,  he, 
W.  D.  Chever,  successor  to  the  present  claimant,  ac- 
knowledgey  emphatically  in  an  official  letter,  directed  to 
the  accountant's  Dopaitmeut,  that  the  deposits  being  une- 
qual in  the  component  parte  constituted  no     hjection  on 
his  part,   and   that  he   was  bound  by  his  contract  to 
receive  them  at  any  place  or  post,  and  that  these  de- 
posits were  essential  io  the  fuljillmcnt  of  his  contract 
with  the  United  States.     And  yet  the  third  Auditor  has 
denied  to  the  present  claimant  nn  official  copy  of  W.  D. 
Chever's  letter,  so  essential  to  the  refutation  of  the  im- 
proper remarks  of  the  third  Auditor.— (h.) 

That  he  has  erroneously  alledgcd,  that,  in  September, 
1815,  and  m  January,  1816,  when  the  contractor  actual- 
ly received  payment  of  monies  long  due  him  from  the 

United  States,  the  contractor  was  not  a  suffi^rer.- 

He  unblushingly  alledges,  "  the  deferred  payment  was 
made  in  September  181.5,  in  treasury  notes,  believed  to 
be  from  3  to  4  per  cent  above  par,"  when  in  fact  full 
^stimony  has  been  given  in  certificates  of  Messrs. 
Prime,  Ward,  and  Sands,  and  others,  tliat  treasury  notes 
were  at  that  time  fr(5in  8  57-100  to  11  per  cent  below 
specie  ;  and  in  truth  troj;s)iry  notes  were  not  known  to 
be  above  specie  at  any  time. — (i.) 

That  the  contractor  furnished  a  certificate  of  the  cash- 
ier of  the  State  Bank  at  Albany,  showing  ^7,839  22-100 
to  have  been  paid  by  him  in  interest  for  funds  borrowed 
to  purchase  Government  supplies,  between  1813  and 


\J 


\ 


1816,  a  Rmnll  part  Iiavin^  been  borrowed  in  1013  • 

Th  .  in  ohjccting  to  this  cliiim  tor  interest,  the  third  Au- 
ditor lias  (liisingcnuously  asked  the  second  CJonMitroHer, 

"  if  inteicrst  can  be  claimed  on  logins  made  in   18113?" 

Thus  substituting  the  minor  for  the  major  proposition. 

(x.) — Contrary  to  tlie  rule  of  trutii,  and  o\viy  principle 
of  justice. — (k.) 

That  the  third  Auditor  has  not  replied  or  remarked  to 
the  claim  of  the  contractor  in  hin  letter  of  i8th  Septem- 
ber, 1823,  for  dam.'iirca  und  interest  on  his  protested  and 
dishonored  bills  drawn  on  the  U.  States,  in  1814,  for 
200,000  Dollars.— (k.) 

That  lie  has  disregarded  the  unqualified  instructions 
and  general  decitsions  of  the  Wnr  Department  of  27th 
January,  181G,  which  thus  directs  :  "  T/i.  iccomitavt 
in  settling  the  accounts  of  contractors  /o^  1814-15,  will 
allow  all  claims,  supported  by  evidence,  of  loss  sustaiii- 
cd  hf  payment  of  interest,  or  damages  in  consequence 
of  the  Department  Icing  unable  to  make  the  necessary 
advances,''^ 

That  he  has  been  in  the  habit  of  calling  on  the  Sec- 
retary of  War  for  special  decisions,  maidng  special  what 
ought  to  be  general,  and  by  his  own  confession  purpose- 
ly concealing  those  decisions  from  the  public  by  bury- 
ing them  in  the  ma«s  of  documents  of  his  office.  ' 

That  in  suspended  claims  for  hides  of  bullocks  cnrf- 
tured  or  destroyed  by  the  ememy,  which  bullocks  were 
slaughtered  on  tjie  Niagara  frontiers  for  the  !ise  of  the 
army,  he  has  said,  that  they  must  not  be  paid  for,  because 
the  hide  was  not  necessary  to  the  trnn:^])ortf!tion  of  the 
bullock,  although  the  third  article  of  the  Contract  de- 
clares that  all  articles  necessarily  u.-cd  in  transportation, 
shall  be  paid  for  at  a  fair  price  or  valuation  ;  liiis  clnl.-n 
for  ^1750  was  suspended  in  former  settlement  of  181;'). 

That  he  has  denied  the  opening  of  an  account  foi  the 
correction  of  an  error,  in  fact,  if  the  correction  should 
operate  against  the  U.  States,  and  constantly  pleads  a. 
settled  or  concliuh^d  account  (l)  against  a  solvent  claim- 
ant, for  an  unsettled  item  or  balance,  and  for  a  service 


% 


I  w 


,« 


pro\^ed  and  ddmitted,  ^ontlriualfy  i*^f)eati!i(g  "  tM  kccmnt 
was  closed,  and  finally  disposed  of  by  a  fornter  s^tle- 
ment," — arfd  although  the  balancfe  claimed  was  for  a  dis- 
tinct service,  and  equivalents  rendered,  aiid  not  embraced  iii 
former  accounts.  Yet  he  has  suggested  to  the  second 
Comptroller,  and  given  his  opihion,  that  a  principle  (not 
an  error)  involving  a  construction  of  the  Latv  of  Con- 
tract, may  be  overruled  against  any  person  who  has  or 
may  have  pecuniary  transactions  with  the  U.  States,  at 
any  per  od  however  remote,  and  although  tlrtly  ntay  hat6 
been  settled  by  and  passed  the  ordeal  of  the  T^eMr^ 
department,  and  the  competent  authorities  of  this  Oo- 
yernment,  provided  they  go  as  an  offset  or  a  charge  to  an 
individual  claimant,  to  the  prejudice  of  his  reputation,  ihh 
injury  of  his  repose,  destruction  of  his  property,  and  to 
the  ruin  of  himself,  his  friends,  and  family :  thuig  virtually 
impeaching  the  previous  acts  of  this  government,  by  cal- 
ling in  question  the  principles  and  decisions  of  the  Wafr 
xiepartment,  as  his  caprice  or  whim  may  dictate ;  making 
his  own  statement  of  facts,  and  construction  of  contracts, 
to  suit  his  own  views  and  to  meet  his  otvn  wishes.--(See 
liis  suggestion  to  second  Comptroller.) 

That  the  exercise  of  such  an  awful  prerogative  i«  ty- 
rannical, dangerous,  and  oppressive,  and  in  the  togt^age 
of  enlightened  and  impartial  civilians  "such  pretensions 
alone  are  dangerous  as  precedents,  alarming  and  oppres- 
sive to  every  citizen,  destructive  to  the  peace  of  society, 
and  of  the  civil  institutions  of  our  countiy,  established 
by  a  profusion  of  blood  and  treasure :  such  principles 
may,  indeed,  save  the  nation's  money,  but  at  the  expense 
of  the  nation's  honor,  and  at  the  sacrifice  of  the  knoWn 
laws  of  the  13.  States,  and  of  the  common  law  of  the  land. 

That,  in  the  assumption  of  those  unheard  of  powers  he 
has  wilfully  or  blindly  committed  the  grossest  errors  ftnd 
blunders,  admitting,  (which  is  totally  denied)'  the  new 
principle  which  he  has  set  up  as  the  rule  which  ought  to 
have  govcrncvi  the   former  settlement.— (See  hi^  sfdf€- 


7f>nt.^ 

V 


d 


Tliat  he  has  stated,  that  768,3^0  rationg  of  flour,  di^r 
posited  under  the  claimants  contract,  dated  Nov.  7, 1811^ 
which  he  was  ordered  to  take  up  witliin  the  existing  peri»> 
od  of  that  contract,  and  which  consequently  could  only 
be  charged  with  the  money  price  of  the  rations,  should 
have  been  debited  to  him  at  the  money  price  of  the 
subsequent  contract  of  the  25tli  of  Feb.  1813,  when 
he  must  have  been  blind,  or  else  have  known  that 
the  first  contract  made  np  stipulation,  condition,  or 
provision  to  carry  the  balance  of  supplies,  if  any,  t^ 
the  next  cpotract,  and  that  the  second  contract  made 
no  stipulation,  condition  or  provision  to  take  up  in- 
ventory, or  issue  any  rations  left  on  hand  from  the  first 
contract,  and  consequently  the  government  could  only 
charge  the  money  price  of  each  ration  to  the  contractor 
under  the  special  contract ;  (m.)  that  they  did  so,  to  the 
disadvantage  of  the  contractor,  by  charging  the  gross 
amounts  of  deposits,  at  original  places  of  deposit,  instead 
of  distant  and  subsequent  places  of  issue,  making  the 
contractor  responsible  for  losses  by  carriers,  boatmen  and 
teamsters,  and  all  wastage  and  natural  decay  in  transit, 
and  lastly,  underwriter  for  all  hazards  by  sea  and  land : 
and  this  position  and  settlement  made  nine  years  ^nce 
w^fe  assumed  by  the  present  third  auditor  then  chief 
clerk,  who  now  or  lately  has  declared  that  the  contractor 
had  claims  on  the  United  States  to  the  amount  of  ,$flOO,- 
000,  btuthe  would  ransack  othe^:  offices  to  see  if  he  could 
^f})t  r^M^e  offsets,  or  establish  nevy^  principles  for  the  go** 
^ernmei^t  of  old  settlements,  aud  that  such  new  positions 
^b4  principles  were  the  converse  of  all  laws,  and  highly 
4^i:pgatory  to  the  justice,  honor  and  dignity  of  the  United 
Stfites.  (n,)— The  following  is  an  abstract  of  his  blunders 
!Qin  thi^  head ;— Taking  as  premises,  that  the  provisions 
(4410  barrels  of  flour)  making  768,320  rations  of  18  oz. 
charged  by  the  United  States  at  the  contract  price  of  7th 
^oy.  ^81  ir— 4  cents,  should  have  been  charged  at  the  con- 
Urt^ct  price  of  25th  Feb.  1813  7  1-2  cents,  makinsr  a  dif- 


wc^ro-nnt^ 


js.'^-.^^-sax.——-    •^-a 


r^f  d(^<^  PiOQ  AH-ino 


ftl/T 


.y-,%!\.:i^    -XV- 


rrii/>n  a+cifo 


TT  iSiViZ 


mor«  + 


1C3  £>fvnfr\nn^n/itM 


and  not  founded  in  the  contracts — that  of  the  above-7fi%-. 


- 1 

li  1 


H 


10 

320  rations  of  flour  348,444  4-9ths  coiitained  in  2000 
barrels,  were  baked  into  hard  bread  at  the  expense  and 
by  order  of  the  United  States  in  April  1813  and  estimat- 

tor^  I  %T  ""^  \^?  ^'  ''^^'''^  ^'""'^^  ^^r  each  barrel  of 
19b  lbs  of  flour,  which  at  the  rate  of  12  oz.  the  ration 

lllT\.u      c        u     .  466,666  5-9  Rations 

J^educt  therefrom  the  above,     -     -  348,444  4-9 

And  there  remains    -         -        -  11 8  222  1-9 
Which  is  the  true  excess  of  Bread  rations,  calculating  at 

.  The  net  amount  of  which,  at  7  1-2  cents  after  deduct- 
ing perquisites  of  issue,  is  -  ;g7  315 

Jfaafji'^^'t'  ^^'^  ^^''^  ^"^^^^'  *^^«  ^^i^^^da  charge 
of  466,666  5-9  Rations,  at  7  1-2  cents,  net  amount  of 
which  IS  -  .  .  ;$28  875  00 

And  credited  348,444  4-9ths  Rations  at 
four  cents  instead  of  seven  and  a  half 

^®"^^'  "         '  -  -  11,324  44  4-9, 

^         Leaving  a  balance  of  -         17,550  55  ^-Q* 

These  348,444  4-9  rations,  at  the  price 
Ot  seven  and  a  half  cents,  amount  to         21 ,560  00 

l*rom  which  deduct  the  amount  above 
credited,        -  -  _  11,324  44  4-9 

And  there  appears  a  diflference  and  )    ^ - 

aL  gross  and  pali)able  error  \  o*  10,235  55  5-9, 

The  true  balance  being  as  above  stated,  7,315  00 

1  his  palpable  error  and  attempt  of  charging  466,666 
.->-9th  rations  of  Bread,  when  348,444  5-9lh  mtion^  of 
I  he  sumo,  vvere  before  charged,  in  the  766,320  rations 
auova,*/  his  new  and  unheard  of  principles  had  been 
correct  might  have  involved  in  utter  ruin,  a  citizen  in- 
..ompetent  to  detect  the  error,  and  whose   fortune  was 

ZT"f.?^^f-T^"V^  ^"^  y^^  ^^''  arithmetical  state- 
T  V,M  ^^"'.^  ''"*^'^'^'  '^  exhibited  in  all  the  formality 
of  due  deliberation,  and  of  debit  and  credit  after  a  long 
^nd  protracted  investigation  ;  to  the  great  scandal  of  his 
djjpartment,  and  in  direct  impeachment  of  his  bna«t. 
m  compcteiiey  and  correctness.    And  again, 


^/<i' 


^■^^'^ 


11 

■  I'hc  third  Auditor  has  forgotten,  or  been  ignorant  or 
blind  to  the  unqualified  provision  and  stipulation  of  the 
contract  referred  to,  viz.  That  the  choice  of  issuing 
Bread  or  Flour  is  expressly  five  days  in  the  week  with 
the  contractor,  and  if  any  gain  is  made  by  issuing  bread 
instead  of  flour,  it  is  decidedly  at  the  option  of  the  con- 
tractor to  receive  the  rations  of  flour  instead  of  bread 
which  was  the  case,  and  was  so  charged  and  settled  bv 
the  United  States  in  1815.  ^ 

The  Government  in  no  instance  can  demand  a  sur- 
render  of,  or  wrest  from  the  contractor  a  right  guaran- 
teed by  an  express  stipulation  of  his  contract,  because  it 
may  be  to  their  advantage  to  do  so.     And  if  they  bake 
their  deposit  flour  into  hard  bread  by  their  own  ao-ents 
to  save  It  from  consequent  decay  or  condemnation,  a*s  was 
the  case,  they  cannot  compel  him  to  receive  it,  except  as 
flour  at  18  oz. ;  because  the  right  of  baking  all  flour  has 
been  acceded  to  the  contractor,  and  the  express  and  posi- 
tive right  to  issue  flour  or  bread  is  secured  to  him  "  five 
days  m  each  week ;"  and,  should  he  have  been  compelled 
by  any  arbitrary  proceeding  to  receive  it  baked  into  soft  or 
hard  bread,  he  calls  upon  the  third  Auditor  to  say  by 
what  legal  rule  of  the  contract  it  could  have  been  charcred 
to  him,  a«  amj  time,  at  any  other  rate  than  the  money- 
price  of  the  contract,  4  cents,  and  at  the  rate  of  18  oz. 
tor  each  ration,  and  not  at  12  oz.  as  stated  by  the  au- 
thority of  the  third  Auditor. 

The  only  legal  and  true  construction  of  the  contract  is 
then,  that  it  the  Government  by  the  express  consent  of 
the  contractor,  assumes  the  right  of  baking  the  flour  into 
bread,  and  afterwards  calls  upon  the  contractor  to  take 
It  and  issue  it,  they  could  only  charge  the  same  at  the 
money-price  of  the  contract  under  which  he  was  bound 
to  receive  the  same,  which  contract  was  that  of  7th  of 
November,  1811,  at  4  cents,  and  at  18oz.— The  result 
would  be  as  follows  :  348,444  4-9th  rations  of  flour  con- 
tained m  2,000  bbls.  baked  into  hard  bread,  and  are  said 
to  have  been  delivered  to  the  contractor's  a^ent  at  175 
iva,  VI  iittisi  wiciiu  ior  eacn  Durrei, 


B 


laking  350,000  Ib^, 


ife 


it 


I  t 


whicli  at  iha  iegdl  rate  of  llB  6z,  for  each  ration  is, 

deduct 


311,11  >    11-100  rations, 


.amounting  to,  aft 
ing  wastage  anid  pe^rcehtage  of  issue  at  four  cents — > 
^10,111  il  11-lOb.— Now  Ihe  U.  States  have  by  thrnr 
ovm  a<^  dhargocl  the  contractor  in  the  settlement  of  1815 
with  the  same  rations  eft  4  c^tlts,  deducting  perquisites 
of  issue,  wastage,  ifec.  j^l  1,524  44  4-9th — so  that  the 
third  Auditor  stands  convicted  of  involving  the  Govern- 
ment in  an  error,  which,  if  corrected,  will  now  be  to  the 
debit  oiTthe  United  States,  and  to  the  credit  erf" the  cbn- 
tract|dr  of  ;^1,213  33  35-100.— Yet  the  third  Auditor  has 
tvilftlny  or  blindly,  attempted  to  impeach  the  fbrmer  set- 
tlement of  his  predecessor,  which  settlemeirt  tvas  legaHy 
hi  favor  df  the  United  States.* 

The  late  contractor  cattiibt  close  these  teihat-fcs  with- 
out stating  that  he  holds  the  principle  to  be  self-evi- 
dent, ihat  the  'Government,  in  the  settlement  of  every 
item  in  accouiits  with  individuals,  are  bound  to  sanctioh 
the  acts  of  their  authorised  functionaries,  and  make  them 
valid  ;  and  h  would  be  a  contradiction  to  usage,  to  the 
com  IP  on  law,  and  to  reason,  to  sUj.pose  that  the  powdr 
ot  a  new  Secretary  of  War,  dfter  a  lapse  of  years,  or  a 
nev/  Auditor,  could  nidlify  the  official  acts  of  his  prede- 
cessor. This  indeed  would  be  assuming  a  prerogative 
that  Legislative  bodies  seldom  have  exercised,  and  which 
is  forbid  %  sound  policy  and  justice.— -(But  as  to  his 

•  12  az.  porft  and  18  tfz.  nf  bread  or  flour  In  a  ratbn  between  the  con- 
ttactor  «nd  the  Uniipd  vStates.  The  officer  of  the  Army  may  say  (A,  m 
his  uwn  qptiou  or  pleasure)  "I  \»i!l  receive  8  oz.  of  mess  pork  and  li  oz. 
biscuit  in  lieu  of  prime  pork  or  s-ift  bread."— But  the  wliprnal  conditido 
between  the  (r  Slates  &nd  the  cuntracior  is  the  rule  of  seitlemejit. 

The  premises  of  ih^  ihlrd  Audifoi  are  bwsed  on  (he  presumption  that 
the  contractor  commuted  with  the  offirers  at  12  02  of  hard  bread  in 
Kfu  of  IS  oz.  of  soft  bread,  aind  that  he  ought  therefore  to  b'  ch«r<'r.i  for 
th«>|)rovis:onsdtf!ivered,t6hlm  at  the  same  rat^— which,  to  say  ih  Ihst 
of  it,  is  en  assumpiinn  ndt  warranted  by  the  contrtt<t  or  the'fa.  ts  ;  he 
migm  Bs  w.>ll  say.  the  contractor  has  often  tlniea  commuted  with  the  of- 
i}tei,4  bvv|ri,ving  them  money  in  lieu  of  provisions,  therelore  the  coniraclor 
jlwil  account  u.r  rations  w.*  have  delivered  him,  at  the  rate  of  the  conimtr- 
talioii   instead  of  the  money-price  of  the  rntidn.     Now  tire  rations  wheft 

delivered  to  the  Cnntrartrir  Aro  («hnrh«H  tn  tilm  in  to>n»>^*.  nn^  «,»«  ...  /,..,j  . 

w  th  the  wasiafje  And  perquisite  of  issue  first  deducted-  and,  according  to 
lleiis;.j.r  and  ruli's  oi  settlement,  he  is  only  Hcrountable  at  the  money- 
price  of  the  couiroct  under  which  he  received  them.  ^^ 


13 


tOVVN  CASEyHE  SCORNS  TO   PLEAD  A  SETTLED  ACCOUNT,  IP  VS 
THAT    SETTLEMENT   Ufl    eVfor   in  fact    HAS    BEEN  MAp-fi  A- 

GVPJST  THE  United  States.) — That,  however,  he  denie», 
ft!  (J  confidently  rests  op  his  reply  to  the  third  Auditor 
of  diii  October  last,  as  a  full  and  complete  refVitatioh  of 
the  new  principle  set  up  by  him. — (See  opiniong  of 
Spencer f  Kent,  and  Emmstf.) 

Let  us  calmly  look  back  aiid  see  what  the  contractor 
has  done  to  deseiTe  the  evasions  and  procrastinations  of 
the  third  Auditor.  Let  us  see  whether  the  official  acts  df 
the  injured :party  have  not  been  marked  with  a  spirit  of 
consistency  and  honor,  that  stamps  the  suggestioiisi  and 
remarks  of  that  oipcer  with  a  character  that  would  violate 
the  public  faith,  prostrate  the  laws,  aild  destroy,  one  of 
the  fundamental  and  sacred  principles  of  the.  Constitu- 
tion— And  is  the  painful  silence,  the  patient  forbear- 
ance under  the  wrongs  which  the  undersigned  has  so 
long  and  so  seriously  suffered,  never  to  end? 

Has  the  late  contractor  ever  received'  any  compensa- 
tion from  the  United  States,  as  acting  Quarter-Master,  for 
himself  or  his  agents,  fcr  the  transportation  of  public 
supplies  on  the  waters  leading  to  Lake  Ontario,  during 
the  late  war,  and  on  the  northern  frontier  after  the  dis- 
aster of  the  Campaign  of  1813. — (See  Orders  of  War 
Department  and  correspondence.)     ^"    >    ><  J 

Was  not  the  transportation  done  with  economy,  at  re- 
duced prices,  and  with  a  full  and  entire  accountability  fOr 
<lll  the  articles  transported  ;  and  did  not  the  late  contract- 
or assume  in  the  absence  of  store-keepers,  and  in  the  de- 
ficiency of  the  staff,  the  gross  amount  of  public  provis- 
ions at  the  original  place  of  deposit,  instead  of  subse- 
quent and  distant  places  of  issue,  thus  saving  the  United 
States  from  the  loss  of  a  single  ration  ?- — '-(See  forms 
and  manner  of  transportation,  8cc.) 

Have  the  United  States  or  their  officers  ever  legally 
charged  the  contractor  with  a  default  or  deficiency  of 
supply  under  the  trying  exigencies  of  the  tiines,  and  the 

tvr  ofJdme^  Madison,  late  president ;  John  Armstron^^ 


« 


14 

late ^ecrefary  of  War,  and  colonel  Macomb  Jatc  Md^ 
jor-GeneraL)  « 

Have  the  profits  exceeded  a  reasonable  conipcnsationr 
and  under  all  the  hazards  of  numbers,  amount,  and  a  lonff 
year  of  prospective  uncertainty,  have  they  been  commensu- 
rate to  the  profits  of  an  ordinary  mercantile  transaction  ? 

Has  the  ration  within  the  State  of  New- York  cost  thi' 
Government  over  the  contract  price,  and  was  not  that 
price  low,  when  compared  to  the  then  high  price  of  pro- 
visions r  =•    f  * 

1  c?nT  "''^*^^,  ^'^^'"^  ""^^^^  contracts  made  by  him  since 
1809  been  the  lowest,  and  have  not  the  proposals  been 
public,  fair  and  open  to  every  competitor,  and  have  they 
not  always  been  promulgated  to  the  people  several 
months  before  the;^  were  made  ? 

Did  he  not  in  his  first  contract  with  the  United  States 
sacrifice  1  cent  and  2  mills  on  each  ration  for  a  period 
ot  seventeen  months,  by  being  compelled  to  take  less 
than  his  original  proposal,  notwithstanding  that  original 

Fe'THd  p'—roT  ""^"^^  ^'''"  ''''^'''"  ^""^^  ^^'''"  ^"^  ^^^^^ 
Did  he  not  relinqmsh  seven  mills  on  each  ration 
for  the  port  of  New- York  and  for  Greenbush,  in 
his  last  contract  of  25th  February,  1813,  with  a  spirit  of 
consistency  and  hberality,  and  with  a  view  of  conforming 
to  his  original  proposal,  when  in  fact  that  proposal  wa« 
not  accepted  at  the  time,  and  the  subsequent  rise  in  the 
P"^?  ?SF<^vision  authorised  the  additional  price  ?  Let 
oflicicml  documents  speak— f^^c  letter  of  lOth  Scvtcm- 
her,  1823,  to  the  third  Auditor.)  *^  ^ 

Did  he  not  sustain  the  land  transportation  of  EiVrhtv 
ThcHisand  Dollars  value  of  Flour  and  Whiskey  ft-om 
southern  Atlantic  ports  to  New- York,  when  the  coa™ 
am  harbor  were  effectually  blockaded,  'and  had  he  ship- 
ped them  as  he  had  a  right  to  do  hy  the  consent  of  the 

w3n      '"/l  T'^  Y  '^'^  ^'^V^^^^^on  in  his  proposal     e 
M  would  have  been  captured,  and  the  loss  of  th^  V, 

states  would  have  bfifin  to  tK«  f.. 11 .   _^  .i       i- 

ment.-~(p.)  ^   "^     "  "*"'"""'  "^'"^  *^"P- 


iim  since 


15 

Did  hot  the  actinsr  secretary  of  War,  and  secretary  o£? 
the  Treasury  offer  and  invite  proposals  to  receive  subscrip- 
tions to  the  loan  of  twelve  millions,  in  1815,  and  by  his  let-, 
ter  to  the  present  claimant  agree  to  take  the  Warrant  then 
due  by  the  United  States  to  the  amount  of  181,000  dollars 
as  a  part  of  the  subscription  aforesaid,  100  in  stock  for  95 
of  the  debt,  and  when  the  proposal  was  accepted,  was 
the  stock  given,  or  a  satisfactory  explanation,  for  this 
breach  of  faith  ?-~(Sre  secretary  A.  Dallasi'  htter.) 

Did  not  General  Wade  Hampton  invade  and  usurp 
to^r?.^^  ^^  ^''^  contractor,  jeopardise  the  campaign  of 
1813  by  establishing  a  military  commissariat,  and  has 
pal  indemnity  been  granted,  although  Government  ac- 
knowledge the  outrage,  and  have  granted  a  part  in  miti- 
gation ?~Balnnce  due  ^4,500. 

r?o  I  "^^  *^^^  contractor  relinquish  the  perquisites  of 
of  12  1-2  per  cent,  and  one  cent  for  issue  Tor  all  the  lar^re 
amount  of  provision  deposited  by  him,  and  left  on  hand 
on  the  1st  of  June,  1814,  which  percentages  were  his  by 
law  and  by  contract,  and  would  have  amounted  to  area- 
«onable  profit  of  and  was  not  this  waived 

to  the  advantage  of  the  United  States  in  their  new  con- 
tract, or  contemplated  commissariat  ?  And  what  has  ho 
received  m  return  ?  Let  facts  and  an  impartial  people 
testify — (See  letter  \Oth  Sept.  1823.) 

Has  he  ever  nskcd  a  favor  of  any  administration,  or  re- 
quired decisions  not  applicable  to  every  man's  condition 
and  to  every  citizen's  case  :  * 

Has  he  not  sufTeied  a  loss,  ])y  the  rule  of  allowance  to 
ethers,  for  furnishing  casks,  boxes,  and  packages,  used 
and  kept  by  the  Government,  of  ^^25,908  61  and  a  fur- 
ther loss  of  casks  and  packages  captured  bv  the  enemy 
and  destroyed  by  the  troops  of  the  U.  States  of  ^'4,805  86 
— (q.) 

Has  he  ever  received  the  12  1-2  percent  on  tho  <rross 
amount,  or  the  net  amount  of  issue,  to  the  troops  m  the 
descent  of  the  St.  Lawrence  in  1813?  and  vet  tho  ih\rA 
auditors  remark  shows  most  clearly  that  it  is  his  rio-ht,  but 
h©  pleads  that  tho  porqui^ito  of  this  i^uo  should  bo  a  bar- 


16 

*'to  the  claim  for  the  lo^s  of  packages  and  vessels  belonging 
to  the  contractor  in  currying  the  provision  in  the'desctnt 
^foresaid  :  thus  pleading  the  allowance  undQr  the  stipula- 
tion of  one  articjie  of  the  contract  against  tlie  positive  wtio- 

jjjjation  of  a  distinct  article (f)  -  'f-      ,f      .  ii 

Has  he  ever  received  any  damages,  for  the  excess 
Qf  one  component  part  of  the  ration,  over  the  others,  of 
l^orter's  deposit,  and  captured  flour,  which  is  ^9,190 
14-100. — (r)  .    n  .    ..r 

Has  he  received  the  aipQunt  of  transportation  of  provig- 
^)ns,  intended  for  ds^posit,  or  in  transit  for  that  purposes, 
^t  Canandaigua  and  Genesee  river,  his  agent  being  subse- 
quently directed  to  remove  immediately  the  said  suopli^ 
OS  a  substitute  for  those  that  had  been  captured  aii^  de^ 
troyed  by  the  invasion  of  the  Niagara  frontier,  and  which 
Wpplies  were  promptly  furnished  by  order  of  the  Com- 
manding Gen€iral  without  availing  himself  of  his  le^al 
right  of  30  days  nojtice  on  the  sudden  call,  ^nd  for  3ie 
^mediate  subsistence  of  the  Militia  enroled  in  the  sei:- 
vice  ;  although    payment  of  the  said  transportation   i^ 
provided  for  m  the  spirit  and  meaning  of  the  third  articlp 
of  the  contract,  and  the  decision  of  the  Secretary  of  Waf 
of  27th  July  1816,  amounting  to  $13,136  24.— (s) 

Has  not  the  contractor  sufl'ered  a  loss  of  interest  and 
^amages  by  his  drafts  being  protested,  which  from  the 
time  of  unquestionable  and  acknowledged  right  to  iaw, 
to  the  time  the  precise  balance  was  ascertained,  would 
be  together  by  the  rule  as  paid  to  others— ^35,625  Otf. 

— (T.) 

And  did  he  not  receive  the  official  pledge  of  the  Hon- 
orable Secretary  of  War  that  the  balance  should  imme- 
diatehj  be  paid  him  on  the  settlement  of  his  accounts  f 
And  does  not  the  contract  likewise  solemnly  declar^ 
that  the  United  States  shall  immediately  pay  all  balan- 
ces ?  Yet  the  payment  was  delayed  with  the  loss  of  in- 
terest from  March,  1815,  to  January,  1816,  ramounting 
to  $10,000)  and  then  paid  in  Treasury  Notes',  at  8  to  ll 
percent  below  par,  makini?  a  further  losa  nf  <i22\\^ 

2p,oo.— (K.)     '  -^       ;-•        "'  ^^'^^^ 


^7 

Hdve  not  (tet'ipiohs  been  mifi^lo  by  the  departiftetit  j^rartf*  ' 
hii,'  in  Home  ca^ea  in  general,  in  others,  in  specijil  term*, 
alhiwances  for  loss  on  treasury  notes,  protested  bills,  and 
defbrred  payment ;  while,  irtderrtnification  to  the  present 
claimant  has  constantly  bdeh  evaded,  notwithstanding  hit 
froqnent  remonstrances.^  (See  Correspondence  )  And 
is  not  the  present  claimant  the  greatest  suffbrer  in  a  ta« 
faid  on  one  of  the  essential  articles  which  he  was  bound  td 
•supply  under  the  contract  Folemnly  made  by  the  public 
functionaries,  beffore  any  official  notice  or  law  had  beet 
promulgated,  taxing  the  said  articles,  which  by  the  certi^ 
ficate  of  resj)ectab!e  distillers  raised  the  price  of  the  arti- 
cle 20  cents  per  gallon. — At  14  1-2  cents  per  gallon  the 
minimum  damages,  based  on  the  return  of  gallons  distill- 
ed in  1814,  and  the  duties  that  occurred  in  1815,  the  most 
favorable  data  for  the  Government,  absolutely  impaired 
his  contract  to  the  amo'int  of  ^45,709  51-100.  (u) 

After  these  facts  anc^  the  considerations  that  follow,  how 
could  the  undersigned  hesitate  in  making  known  his  de- 
mands growing  out  of  the  positive  conditions  of  his  con- 
tracts, and  recognised  by  the  administration  in  favor  of 
others,  under  circumstances  deemed  not  more  favorable 
than  his  own.     Should  the  undersigned  have  hesitated,  it 
would  have  been  an  acknowledgment  of  the  weakness  of 
his  cause,  or  at  least  an  admission  that  he  had  not  the 
ability  to  establish  his  claims  for  exact  and  entire  justice. 
He  feels  assured,  however,  by  a  consciousness  of  his  own 
integrity  that  justice  will  be  granted  to  him  by  his  country, 
and  he  fully  and  confidently  reposes  for  a  redress  of  hia 
wrongs  and  the  eventual  accomplishment  of  his  legitimate 
rights  in  the  representatives  of  a  just  and  enlightened  peo- 
ple, and  in  the  mean  time,  does  in  the  most  solenm  and 
formal  manner  protest  against  the  acts  of  the  third  Audi- 
tor, believing  as  he  does  that  he  has  not  acted  by  au- 
thority of  the  Government  or  head  of  the  war  department. 

But  if  his  official  conduct  has  been  sanctioned  by  tiie 
Head  of  the  Department,  the  undersigned  does  as  free- 
ly and  solemnly  protest  against  the  said  acts — in  denying 
him  the  just  rights  of  a  citizen,  in  refusing  hiiu  copies  o'f 
his  own  documents,  so  necessary  in  case  of  accident  to  the 


18 

War  Office,  and  in  refuHin^  him  copies  ofdeciHions  made 
from  time  to  tune,  which  dc^cinionH  may  have  given  cr«  K 
Its  to  other  contractors  in  the  settlement'  of  their  accounts 
—He  protests  against  tlic  report  ol'the  third  Auditor  as  a 
mass  of  errors,  nusrcpresentations  and  false  reasonin-r 
from  facts  neither  estabhshed,  nor  possible  to  be  estab" 
li8h,,d  ;  and  as  the  undersigned's  life  is  uncertain,  he  is 
bound  by  the  most  sacred  obligation  to  his  child;en,  to 
demand  that  this  protest  be  placed  on  the  files  of  the 
War  Department,  and  likewise  another  copy  to  be  filed 
with  the  records  of  his  accounts.  ly  '^  ^^  nim 

ELBERT  ANDERSON. 


Id 


*i     MIk     >J    ,'!!. 


(a.)     The  duty  of  the  third  Auditor  is  to  examine  ac- 
counts and  facts  of  the  service  being  performed,  and  if 
any  dispute  arises  as.  to  tlie  construction  of  the  law  and 
.contracts,  the  Secretary  of  War  decides  afi  well  as  on  the 
oquity  of  the  claim.     The  Comptrpller  is  the  Law-Offi- 
xer,  and  appeals  arc  made  to  liim  from  the  decision  of 
Tlitx  Secretarv^oh  the  law  and  contracts,  and  from  him  to 
Cpiigress,     Thfit  the  third  Auditor  has  assumed  all  the 
povvcrs  of  three  distinct  branches  of  Government^  is  evi- 
dent to  any  person  who  will  read  his  extraordinary  report 
on  the  contractor's  claims. — See  remarks  on  3,  7  andQ 
claim,  and  his  suggestiong  to  second  Comptroller,) 
^,v(b.)     In  the  settlement  of  contractor's  accounts,  the 
cases  are  numerous,  in  which  boxes  and  packages  have 
.been  paid  for  by  the  United  States,  and  always  for  troo{)s 
on  the  march,  or  oi^  board  of  transports  ;  the  officer  re- 
ceiving the  provision,  merely  gives  an  endorsement  6n 
the  back  of  the  abstract,  for  the  number  of  casks  or  pack- 
ages.    Thelirst  issue  the  present  claimant  made,  was  to 
a  detachment  bound  to  N.  Orleans,  in  1809.     The  Sec- 
retary of  War,  William,  Eustis,  ordered  the  casks  to  be 
paid  £br. 

(Sixth  article  of  the  contract.) 

^    (b.)     That  all  losses  sustained  by  depredation  of  an 
enemy,  or  Ijy  means  of  the  troops  of  the  U.  State??,  in  ar- 

c 


w\ 


NOTl!:S  ANB  KEFERENCES  TO  .FACT5,  fee 


J, 


20 
tides  intended  to  compose  rations,  Sec.  as  well  as  im 

OTHER  PROPFRTY  NFXtSSARILY  USED  IN  TRANSPORTING  THE 

SAME,  shall  be  paid  for  at  the  contract  price  of  the  ra- 
tions,  &c.  "  and  at  an  appraised  value  of  the  other  artu 
Cleg,  on  the  deposition  of  one  or  more  creditable  charac- 
ters, and  the  certificate  of  a  commissioned  officer,  when 
the  same  can  be  obtained,  ascertainiRg  the  circumstance 
ot  the  loss  and  the  amount  of  articles  for  which  compen- 
0ation  IS  claimed."  '^ 

(b.)     On  the  books  of  the  War  Office  the  followinff 
decision  is  recorded ;  * 

War  Department y  October  1%  1814. 

SIR, 

Your  letter  of  3d  inst.  inclosing  the  contract,  cor- 
respondence and  accounts  of  James  Byers,  Esq.  contrac- 
tor,  has  been  received.^ 

The  question  submitted  to  this  D>epartment,  appeari 
to  have  been  anticipated  in  Mr.  Byers'  proposal  of  Jan- 
uary J7th,  1812,  to  furnish  the  deposits  referred  to,  re- 
Bervmg  to  himself  a  claim  on  the  Government  for  reason- 
able  and  equitable  allowances  beyond  the  price  stipulate 
eo  in  his  contract  for  all  supplies  furnished  before  that 
contract  should  take  effect.  "*   ^n  ^ 

It  does  not  appear  hy  the  contract  referred  to,  that 
Mr.  Byers  was  hound  to  furnish  casks  and  boxes,— or 
%n  other  wwdg,  it  does  appear  that  when  the  ratiom 
were  issued  the  casks  and  boxes  belonged  to  the  contrac- 
tor ;  if,  therefore,  the  casks,  boxes,  S^c.  have  not  been  re- 
turned to  him,  and  are  charged  .u  a  fair  price,  the  «. 
mount  should  be  passed  to  his  v -^Vc 

I  am,  sir,  very  respectfully, 

Your  obediont  servant, 

r-  1      1  rp  T  i^'S""^*^^  ^^^'  MONROE. 

Colonel  T.  LEAR, 

Accountant  War  Department. 

After  the  lapse  of  several  months,  and  at  the  time  the 
present  claimant's  casks  account  was  presented,  the  fol- 


lowing  uitcrpoktioo  uud  codicil  was  added  and  interliu- 
«id  to  the  document  on  the  fdes  of  the  Accountant  De- 
nartment,  the  original  record  in  the  books  of  the  war 
oliict;  remain3  unaltered,  as  above.  , 

"The  above  allowance  to  Mr.  Bvers  for  casks  and 
boxes,  was  intended  to  compensate  him  for  his  trouble 
and  expense  sustained  in  supplying  rations,  and  making 
deposits  before  his  contract  commeiiced,  and  no  allowance 
for  casks  or  boxes  must  be  made  except  in  cases  of  spe^ 
cial  contract  with  this  Department.   , 

(Signed)  JAMES  MONROE. 

Col.  T.  Lear,  • 

Account.  War  Dept." 

(c)  It  will  not  be  denied  that  a  requisition  for  a  de* 
posit  must  necessarily  embrace  (jhe  packages  as  mu<ih  as 
an  order  for  goods  on  the  other  side  of  the  Atlantic,  na- 
turally implies  that  the  importer  phftll  put  them  in  packa- 
ges ;  yet  the  merchant  on  the  other  side  charges  the 
packages  and  the  purchaser  on  this  side  in  usage,  and 
law  is  bound  to  pay  the  valqe.  Hence  the  Vequisition  for 
deposits  of  provision  is  authorised  by  the  contract,  but 
the  packages  are  not  .authorised  by  the  coptraot,  and  as 
the  Government  never  claim  the  packages  after  they  have 
been  emptied  of  their  contents  in  the  current  issue  of  con- 
tractors, so  when  they  forcibly  hold  them  and  never  return 
them  to  the  contractor,  they  must  clearly  be  paid  for,  and 
by  Mr.  Crawford's  general  decision  of  27th  of  January, 
^he  U.  States  are  bound  to  pay  the  value  of  the  packages. 
(See  the  argument  on  file  on  this  claim,  and  the  opiuiona 
of  Pmckney,  Emmet,  Kent  and  Spencer,  nlarked  Q. 

(d)  See  correspondence  with  third  auditor,  letter  to 
him  13th  and  25th  Sept.  anrl  his  reply  the  26th,  in  which 
he  confirms  the  verbal  statements  alluded  to  in  previous 
correspondenoei  The  decision  of  all  the  courts  in  the 
U.  States  are  recorded  for  the  use  and  benefit  of  the  peo- 
ple and  the  Contitution  of  the  U.  States,  as  well  as  the 

'" ••'"'=" '^'^"'.vKj,  ic-owgiiiscs  liiengiiioi  every  Citizen  to 

demand  access  to  these  records  as  well  as  all  other  records 
that  have  a  bearing  on  his  rights  and  claims.    The  third 


^ '/ 


M 


2S 

«wve<t  V  Kl^-'V  '«  demand  may  l,„ve  been  desl 

eumonfH  «n,r  '""PV""' o'^oAeial  copies  off  heir  own  io- 
moms  «««,  on  file,  „hat  would  be  ti.e  consf  nuonrcT,, 

oitiwns  tH  nl  I      •  i.  n"f^*  expressly  guarrantees  to  the 

(See  ?«t  art  de  ^ZffK^"  "T^"  '™P'^""g  <=ontrac,s." 

exprea.ya4t;ed^rR  vf '''•'•^™'*"^^  »<  *« 

that  the  Ci!f'f,3  «  «"«»«'' jninister,  and  is  his  boast, 

validatl,  ri!       f  enacting  regulations  which  might  in- 
9^1*1™     f" ""'  compact,  or  affect  the  sacred  tewtof 

STaTJ'""T^    •^«'^««"  individuals  '■TS'^ 
rrr  Tfc       *"""  ''"^  papers,  vol.  1,  page  244.)     ^ 

^  ~gi^^r  ^^''-'-^  -^^  p-i-n,  4s^ 

din?  remark  nnrlL  ""'''*""•«  -^Port  on  claim  3d,  eonck-. 
«nd''s.arme„,  '"""«?to^'«  •'efi'totion  in  his  reply 

Iral^dat^r^WrPef  1«T.'''T  ^L'''  'l,"*^  »'«»  *e  con- 
Crawford,  d«"ed  27th  inn  1«tf?"''''^i"°"  «f  ^«'^- 
'opay";illolfsttl";,^'i'r^^^^^^^^^ 
ro,u,rab,e  by  the  contract."   'C  alsTr  comr  o"t 

ed  for  by  the  comrtto.t  "  '"?  '"^^  '''^  ''''"•""•"*^  ««"- 


23 

dim  Sth.^"*'""  *"'"  ""^  '«P°rt  of  the  third  Auditor  on 

^  56'4^^^'  ■'T"*"' l^^'"•'»'  '«'5,  paid  5  J,„.  me. 
00,/a0  4J      "  2  June       "         "  28  Ann.  i oik 

^        7,38934      «         10  July       «        .<    Ifon^'  I  « 

o»  87,S89  34-100  It  IS  found  were  paid  in  JanUarV  1816 

n  treasury  notes,  dated  the  21«t  *jf  that  month    Kr.«iii 

interest  until  paid  or  funded,  about  whicHrme  WeS 

»o;.«n.s  understood  were  from  3  to  4  ^r  ceTabo^".? 

to  Mr.  Anderson  m  August  1815  in  treasury  note*  « 

FilrLTf^oTr^^  "T  ""'•'  "'^^  «bove';a^""tu:T 
*.xtract  from  the  certificate  of  Prime  Wnr^J  »«^v4  a»kj 

«,d  Nevins  and  Townsend,  whichtieS ty  S 
taissionerand  dated  New-York  Nov.  10  18^  ^  ^"': 
"We  hereby  certify  that  upon  an  exaSon  of  J 
*ooksit.appears  that  U.  S.  treasury  noterinlhi^mnA!! 
*e,«o„  the  first  »/ September,  1 8  ^^"r^entptr 
aule  m  specie,  and  on  the  Iltii  of  .!an.  1816at<>t  jWa 
per  cent,  payable  inspecie."  "••»l«)  at  91  43-100 

■-•?3nhe  differonce  between  the  valno  rtJiAo  ..« 

received  by  the  eomractor  and  sloJe  lltl  ,^T^  ""*** 

.eceived  as  certified  above,  wasl^lLltoTo*'"^"*''* 

(K.;  J^  he  exhibition  of  that  corrifipntn„ro  i 
fy  to  show  that  thejoint  capitlrof  tt  con.rLZ LTI" 
associates  wore  insufficient  to  enable  thZ^fZi?  t^ 
putoions  of  the  contract,  without  adv'reffrom' 'f '* 
mehts  by  the  government,  or  loans  from  ^-,^1?.!^'" 
K>nciple  of  common  law  reco-mizcd  hv  „  11  ™  "  '  " 

Jhe  non-payment  of  a  sum  orSSj  H,';,™  '"^ 
U,o  Joss  of  interest,  which  noccssarilv  folToJ,  ,,,"  '"'^^'^ 
debt,  until  both  principle  and  InK 'i'^rfit,,""^'""' 
[&c  repfy  ott  claitn  Oth,  and  opinim,,  T1  r  <S,  ;  "?  •  '" 
<rt  t^c.  Crawford  of  mh  J,  J.  18 16^1    ^~^^'  *"*""* 

.  (l.)     The  government  in  1 8 14  charged  mn  „-;#i, 
sions  saidtohavfi  bo»n  lotvi„  j„.,.J:  .    Sf 'L""  withprovi- 

ing  to  #2593  78-andai;h;;:iiT,Ts''(dmilfri';^T'',""'- 
p«Jvi«ions  werem,«.,  and  thnVof  course  '^  ,"""  "'^^« 
wrong,  the  third  Auditor  ^'^'^^^t^^ 


i, 

i 


I 


f 


24 

the  amount,  because  the  account  he  says  is  closed—and 
because  also  tnat  he  erroneously  gave  A.  Porter  credit  for 
the  amount,  whicherrortheclaimant  pointed  out  at  the  time 
u  was  made,  and  now  furnishes  full  and  ample  testimony 
on  the  subject  [See  third  Auditor^ s  objection  to  claif^ 
4»  *>>  4, 5  and  6.]  ,  ^^■ 

J  J ;  {H.)  Extract  from  the  contract  made  with  Gen.  Dear- 
Dom  lor  the  issue  of  the  provisions  which  had  been  de- 
K«.  1^/^    contractor  during  the  year  ending  the  Slst 

rSf  — Article  first,    '  v 

•.'rlk  u\';"  ^'^^'^"^^^  «l^all  be  taken  as  soon  as  possible 
which  shall  comprise  allsUch  supplies  as  shall  have  been 
actually  delivered  on  or  before  the  last  day  of  MaViasiSL 
»na  shAll  on  that  day  remain  unexpended."  '  j z  • 

1  he  operation  of  this  contract  is  altogether  retr'dspeo^ 
tive,  and  the  price  m  money  was  14  cents  per  ration*  aad 
toe  price  of  the  component  part  of  flour  4  cents, 
^.^nder  the  contract  dated  25th  Feb.  1813,  which  weiA 
Into  operation  on  the  1st  of  June  1813,  the  money  price  of 
the  ration  was  17  K2,  and  the  compound  part  of  flour  7  1-2 
cents— this  contract  for  deposits  as  well  as  issue  from  de- 
posits, IS  prospective,  and  embraces  what  shall  be  issued 
and  deposited,  between  the  first  of  June  1813  and  31  st  of 
May  18 1 4  at  the  money  price  17  1-2  cents.     [See  com- 

These  simple  facts  prove  conclusively  that  the  settle'- 
ment  of  March  1815  was  strictly  according  to  law  and  the 
lacts.     And  yet  the  third  Auditor  erroneoudy  states  V  the 
provisions  were  deposited  under  the  first  contract  to  be  ia- 
sued  under  the  second;  and  that  the  latter  contract  fixes 
the  price  at  7  1-2  cents  instead  of  4  cents ;"  had  he  said  that 
tills  ought  to  have  been  the  condition  it  would  have  been 
modest,  but  that  would  not  ai.swer  his  purpose,  and  in 
his  eagerness  to  discover  errors  in  the  settlement  with  his 
predecessor  in  March  1815,  he  sets  out  by  making  two 
bo  d  assertions,  neither  of  which  are  true.     Now  I  will 
help  him    a  little,  and   show  him  that  it  never  was 
intenaed  bv  th«  Wnr  Ti^r^t,^*^ *■     *u_   -_j^_    -i»  .i 

Department  to  General  Dearborn,   dated   16th  March, 
UU.3,  after  contrart  of  25th  Feb.  1813,  directs  him  to 


25 

carry  into  execution  the  contract  with  the  claiman*  »„ 
.««ue  the  rations  of  the  former  deposit;  the  toH^cS 
of  which  contract,  is  recited  above  in  the  contracrwUi! 
Gen  Dearborn.  (See  contractor's  reply  on  file,  Zd 
larther  arguments  and  facts,  dated  6th  October,  1823.  " 

OPINIONS. 

Mr.  Anderson  has  submitted  the  report  of  the  thiM 
auditor  to  the  second  comptroller,  and  his  repl  es  theret^ 
for  my  consjderat  on  ;  I  do  not  understand  Ltmy S: 

which  Mr  A^^nr"  •"•  ""^  "'"^"'"'y  ofth^prin^tfon 
Ifll^  l^r.w^f'^""?  ««<=«"»'«  "'ere  settled  in  ■karch 
.1815,  but  that  It  IS  asked  as  to  the  propriety  of  a  re-^, 

I^coiT"gh?,!fl  r'='P.'-.»»dof  4ain  Vni'^th^ 
account.  Should  I  have  misconstrued  the  request  mad« 
to  me,  no  possible  injury  or  inconvenience  can  wis"  tl 
Mr.  Anderson,  because  I  think  he  has  met  and  mo^t  t.^ 
cessfully  refuted  the  new  principles  on  which  Se  temi 
of  the  former  account  have  been  questioned.  IndSt 
would  no,  be  m  my  power  to  present  his  argument^  1„  a 

exfeTth'rr'™""  "'  '°^'''"^'  'hanhf  hashimsVf 
The  contracts  made  between  the  Government  and  an 
individual  can  be  construed  and  interpreted  by  no  oth^ 
rules  or  princip  es  than  those   which  govern  contract^ 
between  private. ndividuals;  the  same  rales  also  wS 
bind  and  conclude  mdividuals  in  a  settlement  of  accZts 
must  conclude  the  Government,  now  the  third  auS 
insists  that  the  rations  of  flour  and  hard  bread!  mendoned 
mhis  report,  should  have  been  charged  at  7  T-lS 
whereas  they  were  charged  only  at  4  cents.     This  "el 
pends  entirely  upon  the   question,  whether  the  Z.rL 
question  was  received  under  the  contracrof  7  Nov   18,  " 
and  IS  to  be  governed  by  its  provisions  or  by  those  in  /l.« 
conti  ct  of  25th  Februiy  1813.     This  was  not  1  n,.! 
!i°".",f .'^'"V  .-  ifitwas,^t  is  not  pr:t:nld°th"ar,l' 
..uD«ui.u   oi  me  lacts  produced  the  "settlement  that  h"n'. 
been  already  made.     No  new  fact  has  beeTd  scovired 
nor  has  any,  then  supposed  to  be  true,  been  ascertS 


I'! 

4  ■ 


A 


r 


vM 


i. 


;ii 


to  bo  unfounded.  The  question  then  involves  only  the 
leg-al  construction  of  these  contracts.  The  Government 
by  Its  constituted  agents,  acting  within  the  scope  of  their 
authority,  agreed  in  the  meaning  and  interpretation  of 
these  contracts,  and  solemnly  decided  so  far  as  it  could 
decide  bythe  final  settlement  and  payment  of  that  ac- 
count, that  Mr.  Anderson  received  the  flour  in  question 
linder  the  contract  of  7th  November  1811,  at  four  cents 
per  ration. 

It  is  a  well  understood  principle  of  the  common  law, 
and  It  18  believed  to  be  acknowledgod  by  the  Jiighest 
tribunals  of  justice  in  the  United  States,  and  in  the  seve- 
ral states  of  the  Union,  that  when  an  account  is  once  set- 
tled and  the  balance  is  paid,  both  parties  are  precluded 
and  estopped  from  insisting  afterwards,  that  the  settle- 
tnent  proceeded  on  a  mistake  of  the  law  or  on  a  misap- 
fjrehension  of  the  legal  effect  of  their  contract  upon  whicli 
the  settlement  took  plf^ce.  ^  I? 

^    A  contrary  principle  would  be  most  alarming  in  all 
cases,  butm  contracts  with  the  Government  it  would  be 
peculiarly  unjust  and  oppressive;  no  man  who  had  con- 
tracted  with  the  Go\'«rnment,  after  having  settled  with 
It  through  Its  authorised  agents,  (the  only  way  in  which  he 
could  settle)  upon  principles  acceeded  to  by  both  parties 
could  ever  assure  himself  of  a  final  termination  of  his 
contract.     If  the  Government  could  not  be  bound  by 
such  a  settlement,  in  which  no  error  of  fact  had  taken 
place,  then  in  as  much  as  the  statute  of  limitations  could 
jiot  be  pleaded  against  the  Government,  such  accounts 
might  be  overhauled  at  a  period  ^owever  remote.     A 
doctrine  pregnant  with  such  consequences  cannot  be 
sound,  neither  would  there  be  any  reciprocity   between 
the  parties  for  the  individual  contracting  with  Govern- 
ment, woiUd  be  clearly  bound  by  such  settlement,  most 
certainly  tlie  Government  ought  to  be  equally  bound 
Ocfober  2,  1823. 

(Signed)  A.  SPENCER. 


V 


27 


Mr.  AiK 


t  e  report  of  Mr.  Hagner,  the\wrd  audhof '"to'W?"' 
the  second  comptro  ler,  in  favor  of  nnm./  u  *^""''' 
ment  of  accounts  made  between  the  n'inn  ^.""^  "«"'«- 
of  the  Government  and  him  f„"  March  ^I 81  ^.'r"'"^' 
with  a  copy  of  his  replies  to  that  renort  »  ^'  ^^^'^*' 
with  the  contract  of  7th  Nov.  181  and  thl  ??i-  '"«''•''«' 
blanks  of  that  contract  by  Gen  De„rJ  "'."^."P  '''» 
tract  of  the  Secretary  of  War  of  2^,1    r  S'V""'^  '^^  •'"n- 

and  the  contract  of  iiueofThesaml'dt^''™'"-^  '«'^' 

I  have  examined  the  same  nnH  l7„  . 

opinion  of  the  Hon.  Mr.X;ncer  iZ"  ""'''^'^  '"  «''« 
case  where  there  is  no  fraud  nor  m  It  °*""*'^«'' '  '»  » 
n  would  appear  to  me  to  be  moT.U^  ""  P"'"'  °<"  f««» 
dent,  and  accordingly  iniuriol  Lr®^""""'  "^  "P'^^e- 
rights  ofindividualf  LreGwer^menT.r'''^''  '"  ">« 
ment  after  a  lapse  of  years,  on  TsuSon  T"  "  '""'.«- 
the  legal  construction  of  the  cont?a?t      T  f'^l  ^7°'  '■» 
not  permitted,  (and  the  objection  sTnfini?^!''""*'"'''"  "" 
respect  to  the  Governmen/)  to  open  a3  "'°"^«'' '» 
the  ground  of  a  mistake  of  law,  when  th!      f/"'=°""*  "» 
made  with  full  knowledge  of  d  The  U^!  ««"l«ment  was 
derstand  or  apprehend  from  tL  °'^'     ^  «•<>  "ot  un- 

.ubmitted,  th^tVTe1;iLTn*:armTde"  ^^i'r  '^^- 
any  misconstruction  of  the  comract«   „      eM^^'  "Pon 
Mr.  Anderson;  but  be  that  as  h  mV Z   ''"  "¥' "^ 
sound  policy  as  well  as  the  estal  i^  ^'     ■    P"nciples  of 
of  equity,  forbid  the  opemW  of  ac  „^  7'".'  ^^,  '«^  «"d 
upon  the  suggestion  of  any  mistatpT      '  '^"''y   '''°««'<J. 
or  misapplicltion  of  prindpC     Tl,  •=°"^"-"«ion  of  law 
ed  for  fraud  or  mist^e  Xatter^Scr  ""'^ ''"  °P^°' 


j 


iVew-For/^,  October  30th,  1823. 


JAMES  KKJVT. 


m 


"  I  have  perused  the  papers  submitted  to  me,  by  Mr. 
Anderson,  respecting  a  suggestion  from  the  third  auditor 
of  the  treasury,  to  the  second  comptroller,  that  the  setde- 
ment  made  by  the  Government  with  Mr.  Anderson,  in 
March  1815,  (the  balance  of  which  w  as  then  paid)  should 
be  opened  on  alledged  mistakes. 

It  is  scarcely  my  province  to  consider  whether  the  al- 
legation of  mistakes  be  or  be  not  well  founded,  but  I  con- 
fesis  the  examination!  have  been  able  to  give  the   con- 
tracts, leads  me   to  doubt  their  existence.     The  third 
auditor  contends  that  flour  deposited  under  the  contract 
of  the  7th  Nov.  1811,  but  issued  under  the  contract,  or 
rather  after  the  commencement  of  the  contract  of  25th  of 
Feb.  181^,  should  be  charged  to  him  at  7  cents  instead^ 
of  4  cents  per  ration,  as  it  was  deposited  under  the  conV 
tract  of  7th  Nov,   1811,  Mr.  Anderson  was  only  allow-- 
ed  for  it  4  cents  per  ration  and  by  the  contract  with  Geiu 
Dearborn,  he  only  stipulates  to  account  for  it  after  de- 
ducting 12  1-2  per  centfor  wastage,  that  accounting  must 
be  at  the  contract  price  for  lt>  when  deposited.     Suppose 
Mr.  Anderson  had  never  ma^le  a  second  contriaot  with 
Government,  but  had  closed  his  connection  with  iton  the 
last  of  May,  1813,  and  had.  then  delivered  up  to  its  agents 
this  very  flour,  he  certainly  could  not  have  demanded  for 
it  deduction  of  more  than  4  cents  per  ration  ;  nor  if  it 
had  been  wasted  or  lost,  could  behave  been   charged 
more.     Why  then  should  he  on  keeping  it  be  charged 
more  without  a  special   agreement  ?    The  contract  of 
25th  Feb.  1813,  makes  no  provision  for  the  charge  insist- 
ed on  by  the  3d  auditor,  it  only  agrees  upon  the  price 
Mr.  Anderson  shall  be  allowed  for  the  flour  Ac  furnishes. 
If  Government  had  demanded  7  cents  for  it  on  the  com- 
mencement of  the  second  contract,  he  might  have  said 
"  that  will  yield  me  no  profit— take  it  and  do  with  it  what 
you  like  ;  I  will  purchase  my  own  flour  when  I  find  it 
most  for  my  advantage."     As  to  the  hard  bread,  the  stores 
left  by  A.  Porter,  and  the  captured  flour  I  can  find  no 
pr.rvision  relating  to  them  in  either  contract,  and  must 
p-esume  tjiey  were  settled  for,  on  such  terms,  as  at  the 
tune  seemed  reasonable  to  all  parties.    But  even  if  I  ^ 


,  by  Mr. 
1  auditor 
le  settle- 
trson,  in 
1)  should 

rthe  al- 
ut  I  con- 
he   con- 
he  third, 
contract 
tract,  or 
r25thot: 
I  instoadi 
the  conr 
y  allow- 
ith  Geiij 
fter  de^ 
ingmust 
Suppose 
iact  with 
it  on  the 
s  agents 
ndedfor 
nor  if  it 
charged 
charged, 
itract  of 
e  insist- 
le  price 
rnishes. 
he  com- 
ave  said 
I  it  what 
[  find  it 
le  stores 
find  no 
id  must 
i  at  the 
I  if  I  lie 


S9 

wrong  in  this  reasoning,  and  fliat  the  former  settlement 
was  erroneous,  the  error  was  in  the  construction  of  the 
contracts,  whicli  is  a  mere  error  in  law.  The  payment  to 
Mr.  Anderson,  in  March  1815,  was  voluntary,  and  with 
a  full  knowledge  of  all  the  facts  and  circumstances  of  the 
case.  As  a  lawyer,  then  1  cannot  hesitate  in  saying  that 
a  similar  settlement  between  two  individuals  could  notl)e 
opened,  even  if  the  statute  of  limitsitions  interposed  no 
objection.  There  is  no  fraud  or  mistake  of  fact,  and 
neither  a  court  of  law  nor  of  equity  would  entertain  an 
application  for  that  purpose.  I  do  not  believe  Govern- 
ment either  claims  or  enjoys  the  privilege  of  disregard- 
ing these  principles  of  law  and  equity,  which,  under  sim- 
ilar circumstances,  individuals  must  abide  by;  ^ 
ailthough  the  statute  of  limitations  may  not  interpose  a 
legal  bar  against  it,  yet  the  great  length  of  time  that  had 
elapsed,  ought  to  operate  on  its  discretion  with  a  force 
equal  to  the  obligations  of  a  law. 


THOS.  ADDIS  EMMETT 


New-York,  Nov,  1,  1823. 


P 


I 


I 


c 


80 

(n.)    There  can  be  no  doubt  that  the  gettlemont  o^* 
18i5  was  correct,  legal  and  founded  on  princip^r:^- ,he 

XI:  '"''  """^  P^'T  '^"'  P""^'"'  at  once  the  oquhr 
ed  wfth  r  '""  •^'""?'  ""^  contractor  by  his  being  chC^ 
ed  with  the  provision  m  mass  at  original  places  of  depoi 
instead  of  distant  and  subsequent  places  of  issue.  Messrs 
Spencer,  Kent  and  Emmett  in  giving  their  pinion  were 
not  required  to  confirm  what  wai  clew  and  pikin  but  Aey 
were  required  to  say  as  jurors,  whether  the  goiernS 
had  any  power  or  right  to  call  in  discussion  anew  ^d 
principles  of  the  former  settlement  on  the  ground  of '»it! 
to  WZa„  or  contract.     The  peace  of  sof  iety?  the  pT"- 
cip^es  of  the  common  law,  and  the  rights  of  every  citizen 
are  involved  in  this  question,  those  gentlemen  27r  a  care" 
ful  reading  and  examination  of  the  contracts  &c  volunte- 


I J 


SI 


CORRESPONDENCE  AND  ORDERS. 

w    A  T    War  Departmmt,  FA.  2hth,  \W2. 

£,.  Anderson  Jr. — Sir, 

.jj-.-  .  Y°"''  V  "^^  "'"  ""^  1^'''  '"«'•  is  received.  In 
addition  to  the  ordinary  issues  under  your  contract  von 
are  required  to  provide  rations  sufficient  for  twenty-fivo 
tliousand  men,  for  two  months  ;  calculating  the  issues  of 
meat,  to  consist  wholly  of  salted  beef  and  pork,  or  near?„ 
in  those  proportions.  The  object  being'^to  secure  th^ 
flour  and  salted  meats  ;  the  procuring  of  the  other  part, 
of  the  rations  may  be  delayed  for  the  present.  AlbZ 
Troy  and  Lansingburg,  may  be  considered  as  the  princi- 
pal places  of  deposit,  but  where  your  purchases  are  made 
at  considerable  distance  from  them,  the  removal  maTbo 
delayed  until  farther  advised.     This  may  particular^  an 

YouwiU  inform  this  Department  of  your  progress  an<J 
iZ'Z^  "^°"  ""^*^''"  purcl  Jes  irvinVrt 
Respectfully 

Your  ob'd't  serv't. 

Elb£rt  Anderson,  Jun.  ^'  ^^®TIS. 


Sir, 


J>epartm€nt  of  VTar,  August  6,  IS12. 

A     n^Pf  '^"^"^^  ^^^"^J'  ^^^  ^"*^  3^  have  been  receiv 
IL  Jt  .d^P^^^^^f  revisions  by  Anderson  and  Bve  ." 
should  be  inspected  where  they  are,  in  order  to  save  the 
transportation  of  such  as  mav  becondemnprl  nftl !!"',! 
you  wni  order  them  to  th^sa  places  wherelhey  may  be 


tnoss 

t 


i 


u 


I 


8$ 

are  Lt  urn  er  oW  -adon  ?n  """^  !"  grater  advantage,  vou 
they  are  bound  to  mnlr.h    .''"P'"^  "'"  contractors,  but 

your  troops,  vou  will  li.£„  ,        \    "'"king  disposition  ol' 

quire  Miij:tZVz^zzm:7s''"T  f°  ^'^- 

copy  ofhis  orders  herewUbcncIoLi  "'''"''  ^"P'"""." 

I  have  &c. 
Gen.  H.  Dearborn.  W.fiUSTlS. 


Mr.  And^fol,'^"'"^'"'  ^''«^'^' Sept.  2Stb,  1812. 
Contractor  for  the  Army, 

hand  next  sprinlontake'ct^^^  '"'"  ^"^  '"  '>»»''  "» 
your  present  confmc"  flour  ^^nT^T'  *".  rPP"««  ""^er 
for  rations  for  ten  S^i/™!'':'?."''''""''  beef,  sufliciem 
rou  should  take.et:rc^:i'>i;^- --^  -^ 
«  our»  With  esteem, 

H.  DEAKBORN. 


Sir-  Department  of  War,  Nov.  27th,  1812. 

arrangetn^  wouM  b?lf?*'r,^^'«  '"'^'««'>  »»•« 

ia-eingthe  deS  o/ potior 'whrchT'HT^^  '""^ 
quired  of  them.  Mps^,-/*  i  '  .  "^'^  been  re- 
pressed aXgneL  omak'^r"'''"'^  Byershaveex- 
yousliouIdfmdhXthe^ht  ?  "'""'  :  "»''  '■""'«« 
in  preference  TotW  alms   V  ^'■'''''  »°  employ  them 

.be  blank  attachedt JfltXts^^rdt^^^^  "  '^" 
1  have  the  honor,  &c. 

Maj.  Gen.  Hen^  Dearborn,  Plattaburg."^'  ^^^''^'^- 


\^ 


m 


>>> 


Ilead'Quarterfy  Albfmf/,  December  10,  1812. 
iMr.  Anderson, 

Contractor  for  tho  Army, 

Sir — You  will  please  to  remove  all  the  flour 
provided  for  the  Army,  on  the  banks  of  the  St.  Lawrence 
near  Ogdensbur^h,  to  Riisaeltown,  excepting  such  as  may 
be  necessary  for  the  current  issues. 
Your  luuiiblp  servant, 

H.  DEARBORN. 


^IR, 


Albany,  December.  19,  1812. 


You  will  please  to  have  on  hand  in  the  vicinity  of 
Sfeckett's  Harbor,  and  to  see  deposited  at  those  places  by 
the  first  of  April,  throe  montlis  rations  for  one  thousand 
men. 

^    ,    ,  ^  H.  DEARBORN, 

inr.  Anderson,  Contractor. 


•d 


Head  Quarter s^  Dec,  26,  1812. 
Mr.  Anderson, 

Contractor  for  the  Army — or  his  A<Tent, 

Sir — Of  the  deposit,  which  you  have  been 
requested  by  the  Secretary  of  War,  to  have  on  Lake 
Champlain,  for  three  month's  rations  for  ten  thousand 
men,  you  may  place  one  thousand  eight  hundred  bar- 
rels of  flour  j  in  suitable  proportions,  at  one  or  more  of  the 
following  places,  on  boatable  water  leading  to  Oswego— 
viz  :  Rom  Onondagua  and  Cayuga. 
Youi-  bumble  servant, 

H.  DEARBORN. 


^^ar  Department,  Feb.  8,  1813. 
Sir — 

A  force  from  four  to  six  thousand  men  mav  be  con- 
centrated on  some  point  of  the  St.  Lawrence  or  Lake 
Ontario,  and  will  make  necessary  supplies  of  provisions 
equal  to  the  aubsistenco  of  this  number  of  men  for  three 


'I 


34 


months,  coimtinir  fjom  tlie  firsf  nf  M„    i 

--of deposit Hiroulci  be^ll^^^^^     "^^^'     ^''^"^P' 


C<»M 


^n 


Vh 


lu- 


^  "•.rr»«.r,  juu  iiuvo  at  or  near  Ofr.i««  u"""  --'^♦vfigo. 
enter  ,mo  your  calculation  a^  th.v  ^  ^1^ "''«  "^^^  "''^ 
otJmr  purposes.  '    '  ^*''>^  '"^r  be  required  for 

1  am  sir,  very  respectfully 
Sir,—  ■^««'- I'o'A,  i;^«i.  ] 3,  1 8 1 3. 

your  loitoVlfZmiZri  '■'■°'"  i^^^^^  ""d  «"•"<» 

my  agents  at  SacketCfCb;  O  """«''''««'y  instructed 
eveiy  exertion  to  obta  „  thetl?;'^?  ■ "",'' Ro^^.  to  us. 
For  this  purpose  I  have  tranl*^  L71-""'i''  '^'•«000n,en. 
m  the  State  Bank.  Sha  CvT  r^  "'''  '?  ""*''  "^J't 
department  for  thatrcaukition„  T"  'P  '^'•«"' «"  your 
as  last  a,lvised.     You?  Z^^^^^^^^  ?  the  eurrent issues 

"oat  of  Government  sha  iT  oomX  ,    'm '''  '"P"''  '"the 
the  nutun,  of  n.y  business  v^U™dmit  '"      "«  P'^^Pt'y  >» 

Ihave  the  honor  toremainyourob'tserv't  * 

Hon.  John  Armstrong  ^-  ^^^DERSON,  Jr. 

s,H,-The  Q"arteT;;^rg:t,7vlr'  ".•  [«'^- 

will  give  the  necessary  instructions  fl^tf''™''''  ""*'  yo" 
keepmg  of  the  provisbn  whic  Zv  hj  ^ '''"f  ''"'••'^«- 
pos.t  for  the  Army  by  the  contrw?  '"'  furnished  in  de- 
.s  approaching,  tlLe  TpoTirwrn  L"'  •''"  ^™  «ea«on 
tention,  and  it  is  presumed  yortiir^"""^  particular  at- 
tlm  arrangements  f^r  issu^g  agreelbl  .o?h ''''"''^  "l"*" 
ol  this  department  of  27th  Nov  1812  the  instructions 
I  have  the  honor  to  be 

Very  respectfully.  Sir, 

Your  ob't  serv't 


M, 


Jiiaj.  Uen.  Henry  Dearborn, 


Sackett's  Harbor. 


JOHN  ARMfflnno 


A  Will  Ur. 


d5 

lieaa  Quarters^  Albany ^  April  4,  181S. 
Elbert  AnclorHon,  Escj. 

Contractor  for  the  State  of  N.  York, 

Sir — Yoii  will  not  fuil  of  having  at  Sackett's 
Harbor,  by  the  20th  day  of  the  present  month,  one  thou- 
sand barrels  of  pork  and  beef,  twelve  hundred  barrels  of 
flour,  fifty  thousand  pounds  of  hard  bread,  six  thousand 
gallons  of  spirits,  with  a  due  proportion  of  soap,  vinegar 
and  candles.  And  you  will  also  have  ready  at  Oswego 
by  the  15th  day  of  May,  to  be  forwarded  on  the  shortest 
notice,  200,000  complete  rations ;  and  in  the  mean  time  be 
prepared  for  current  issues  of  rations  for  4000  men  ai 
Sackett's  Harbor,  and  2000  at  Utica,  Rome  and  Oswego, 
as  the  troops  may  be  in  greater  or  smaller  proportion  at 
the  three  last  mentioned  places  respectively,  and  with 
suitable  depots  of  rations  at  Green-Bush,  Schenectady, 
liittle-fttlls,  Utica  and  Rome  for  supplying  troops,  on 
their  march  from  Green-Bush  to  Lake  Ontario. 

The  supplies  demanded  by  this  order  to  be  deposited 
at  Sackett's  Harbor  and  Oswego,  will  be  taken  from  the 
deposits  belonging  to  the  U.  States,  while  the  current  is- 
sues will  be  furnished  by  the  Contractor  on  the  general 
stipulation  of  his  contract.  You  will  superintend  and  di- 
rect the  issues  of  those  rations  which  will  be  furnished 
from  the  public  deposits  as  well  as  those  issued  under  your 
present  contract,  you  will  have  correct  accounts  kept  of 
what  you  receive  and  issue  from  the  public  deposits,  and 
you  are  hereby  authorised  to  receive  such  parts  of  rations 
from  the  store-keepers,  with  whom  they  have  been  depos- 
ited cm  account  of  the  U,  States,  as  circumstances  may 
require, 

H.  DEARBORN. 


flim, 


Albany,  April  14,  1813. 


You  will  please  to  take  suitable  measures  for  hav- 
ing the  whole  of  the  provisions  destined  for  the  Army,  on 
tiic  uoruerg  oi  i^akc  Ontano,  m  readiness  for  being  con- 
veyed by  water  to  Sackett's  Harbor,  or  to  any  other  part 


.i 


Your  humble  servant, 
Elbert  Anderson,  Jr.  Esq.  Contracto"- '''^^''^^^^- 


r„l     T    ,f-^"'^.?T'^'^'>*^*^e  last  order.! 
Mr  A„de'soi"'fo.  h.''^  ^^'^"^  ''  P^y  '^^  Contractor, 

Sacketfs  Harbor,  July  20, 1 8 1 3. 

ROBERT  SWARTWOUT. 


if  4 


SIR^  -A'^w-  For^,  4t?n7  8,  1818. 

DeplrtmrtSw^V^cuttZ^^^^^ 

vouchers;  that  Department tSs'lV^verSr  if 

the  examination  of  accoiinf«i  w/hJoU  •      r   ^  aiiatory  m 

new  contr«r.t«  v!l       1        <^V      act.     The  advance  on  the 

trprldt^tfortrTaserTst '»"'='' ^'''•"^'*- 

furnished  for  Febru™v  I  sh«Tl  Hr     "^  «<"=<»•»««  ^'e  now 

fcr  fh„  „..-.„_::  "^^'y-.'..^''*'.'  ">^aw  on  your  department 

,-  ....  VU.....V  «»ue«  oi  March,  estimating  that"  issue  at 

4  .  .  ■ 


S7 

^3n,000  ;  it  will  exceed  that  amount,  as  the  troops  in- 
crease daily  in  this  state. 

I  have  the  honor  to  remain, 
Your  obedient  servant, 

ELBERT  ANDERSON,  Jun. 
Honorable  JOHN  ARMSTRONG- 


Albany y  April  14,  1813. 
Sir— 

I  thatl  depend  on  you  for  not  only  the  transport 
tdtion  of  the  provisions  for  the  Army  on  Lake  Ontario, 
hut  also  for  the  issuing  the  same,  excepting  at  Niagara, 
previous  to  the  1st  day  of  June  next — and  I  trust  you  will 
have  suitable  characters  employed  for  the  purpose. 

Yours  &/C. 

H.  DEARBORN. 
Elbert  Anderson,  Jr.  Esq. 


(extracts.) 


Utica,  21st  April,  1818. 

As  soon  as  the  provision  can  be  forwarded  from 
Oswego  to  Sackett's  Harbor,  I  feel  confident  the  supplie  > 
will  be  ample.  Those  requisitions  for  the  first  expendi- 
tures will  be  the  most  difficult,  as  the  sub-contractor  has, 
in  consequence  of  the  great  and  unexpected  increase  of 
troops,  been  released  from  furnishing  any  portion  of  the 
deposit.  We  have  at  this  place  and  Rome,  an  average  of 
2,Q00  men,  and  the  contractor  is  making  daily  sacrifices 
to  meet  the  current  issue.  The  current  issue  for  the 
harbour  exceeds  4,000  men,  and  daily  increasing.  On 
thejemoval  of  the  troops  from  Plattsburg,  I  directed  my 
agent  to  cause  a  drove  of  cattle,  provided  for  that  post, 
and  that  had  been  stall-fed  by  me,  to  be  drove  to  Sackett'i 
Harbor.  I  fear  they  have  been  swampt  in  the  Chateau- 
gay  woods,  as  I  have  not  heard  of  their  arrival.    I  hav« 


98 

this  day  «ent  a  man  in  Chenango  county  to  obtain  -.0  l.r  a.I 
for  the  Harbour.     Beef  now  at  the  Harbour,  «8  j„.r    00 
Ib8      I  have  made  a  contract  with  a  powerful  co.nnany 
of  Butchers  and  Drovers  to  supply  all  rations  of  fresh 
beef  on  the  frontiers  an.l  the  Canadas  after  1st  of  Ju'^ 
1  he  arrangement  .s  distinct,  and  I  believe,  well  organiz- 
ed for  the  beef  department.     Until  the  1  st  of  June  great 
and  heavy  losses  are  daily  accruing  to  myself  and  aglnts 
m  consequence  of  the  alarming  scarcity  of  provision!      ' 
General  Dearborn  has  mvested  me  with  Quarter-Mas- 
ters  powers  to  transport  the  public  provision  from  Cavu- 
ga  and  Rome  to  Oswego,  &c.  and  my  vouchers  for  those 
disbursements  will  be  simple,  and  comprise  the  expense 
by  the  voucher  of  the  receiving  and   delivering^sCe.' 
keeper  for  the  several  amounts  paid  by  them.     I  am  rea- 
dy to  give  my  services  to  effect  the  objects  of  the  Secre 
tary  of  war  and  Government;  but  it  must  be  expected 
hat  >,e  Accountant  of  the  War  F  apartment  shall  pS- 
ly  examine  and  place  to  my  credit  my  vouchers  asCoX 
received      If  we  soon  move  into  Canada,  it  will  be  ne- 
cessary to  have  the  line  of  store-keeper,  organized-  will 
you,  or  the  commanding  General  difect  thif  to  be  dore 
General  D  has  given  me  some  instructions  on  this  head 
but  no  sufficiently  char  on  one  side,  nor  extended  to 
meet  the  emergencies  that  may  arise.  *^««»"led  to 

Shall  I  close  this  letter  by  the  usual  cant  of  the  Con- 
tractors v,z.  of  losses,  &c.  &c. }     No  ;  it  is  sufficient 
for  you  o  know,  that  the  campaign  was  fixed  after  vo, 
came  into  ofhce-that  the  supplies  had  to  be  obtained  fo 
a  large  force,  in  a  motemcnt  of  troops  more  rapid  tim 
any  thing  that  has  occurred  since  thf  war,  anZhat  th 
country  was  previously  drained  of  all  its  usual  re  ources 
Ihe  subsistence  of  the  horses  at  this  place  costs  three 
tunes  the  subsistence  of  the  soldier  :  corn  lOs.  6d!.-oat^ 
8s.  per  bushel      All  I  shall  do  at  present  shall  be  o  prav 
for  the  1st  of  June;  I  shall  feel  so  much  satisfaction  on 
he  arrival  of  that  day,  that  I  shall  treat  all  the  army^^   To- 
.  .        .  ,^  ^ayugii  lu  push  tlni  suppiies  from  that 
quarter,     duarter-master  General  Swmwout  7a.sed 


39 

tlirough  to-day.     No  news  from  the  harbor ;  last  acoountB 
18th  ;  PJlotilla  yet  in  the  ice. 

With  sentiments  of  respect, 
Your  ob'd't  serv't. 

ELBERT  ANDERSON,  JUN. 

P.  g. — Mr.  Jenkins  will  forward  to  superintendant  of 
public  supplies,  Blank  forms  drawn  up  by  me  at  Albany, 
marked  A.  for  delivery  in  deposit,  and  Blank  form  B.  for 
the  delivery  again  to  the  contractor,  for  issue.  I  hope 
they  will  be  approved. 

Hon.  JOHN  ARMSTRONG,  > 
Secretary  of  War.  5 


•>' 


Geneva,  April  26, 1818. 
Sir 

I  ha\e  no  instruction  what  stock  of  provision  to 
aupply  for  Gen.  Lewis'  Army.  Is  it  expected  he  will  be 
at  York  U.  C.  by  1  st  of  June  ?  If  so,  he  must  be  suppli- 
ed from  a  new  deposit  not  yet  required.  \/e  have  em- 
ployed all  the  boats  we  could  find  to  transport  the  provis- 
ion from  Cayuga  to  Oswego  ;  700  barrels  of  meat  have 
gone  down,  and  about  1500  barrels  flour.  I  hope  in 
God's  name  the  public  boats  will  carry  them  to  the  Har- 
bor. All  the  private  boats  have  been  purchased  b? 
Government  on  the  Onondaga  and  small  waters,  and  we 
now  have  to  pay  a  great  price  to  transport  the  deposit, 
meat,  flour  and  bread  to  Oswego.  My  greatest  appre- 
hensions are  that  the  great  force  at  the  Harbor  will  eat  us 
up.  before  the  provision  can  arrive  by  water  from  Oswe- 
go.    I  hope  my  fears  will  be  groundless. 

My  principle  stores  will  be  laid  up  on  the  Cayuga, 
mouth  Gennesee  river,  Sodus  Bay  and  Oswego,  those  will 
constitute  the  principal  depot  for  provisions.  Will  you 
say  what  stock  is  required  in  deposit  to  be  conveyed 
over  in  case  Vvc  cross  f  Let  mc  have  authority  to  call 
for  the  public  boats,  or  we  shall  never  be  able  to  get  it 


40 


W 


down  to  Oswego.     It  takes  several  days  to  go  and  return 
from  Cayuga  to  Oswego. 

I  remain,  in  haste,  &c. 

Your  obedient  servant, 

E*  ANDERSON,  Jr. 


Si*— 


Cayuga,  April  28,  181 3. 

Since  my  last,  Mr.  Townsend  has  returned  from 
the  Harbor.     Gen.  Dearborn  and  about   T 500  men  had 
left  there  on  Friday,  they  stood  off  on  Saturday  morning 
as  I  suppose  for  York.     I  am  highly  gratified  that  every 
thing  relating  to  the  supplies,  required  for  the  15  days  of 
mm  expedition,  was  promptly  furnished  by  my  agent,  I. 
Foster,  and  that  he  assures  me  he  has  sufficient  until 
the   supplies  reach  him  from  Oswego,  (fee.     I  this  day 
send  down  250  barrels  hard  bread.     We  have  four  large 
ovens  going  at  this  place,  and  bake  60  barrels  hard  bread 
a  day,  and  we  daily  send  the  pork,  beef  and  whiskey,  but 
we  have  very  few  boats.     I  see  more  and  more  the  ne- 
eessity  to  have  some  power  by  the  General  or  Secretary 
of  War,  and  that  my  calls  for  boats  must  and  ought  to  be 
complied  with.     I  am  now  acting  in  the  ca')acity  ofQuar- 
ter-Master,    Contractor    and   Commissary.     I  go  to 
Oswego  to-day,  and  to  the  Harbor  on  Friday.     We  anx- 
iously look  for  good  news  from  the  Lake  operation  ;  if  it 
comes  to-day  it  will  have  a  good  effect  on  the  election. 
I  remain  with  great  respect, 
Your  obedient  servant, 

„       ,  ,     ,  ELBERT  ANDERSON,  Jr. 

Hon.  John  Armstrong,  Sect'y  of  War. 


Sacketfs  Harbor,  May  1, 1818. 
Sir — r    -  ^ 

Your's  of  this  day's  date  received,  in  reply  will 
observe  that  you  are  permitted  to  make  use  of  five  of  the 
Batteaux,  belonging  to  the  Government,  now  at  Oswego* 
for  the  purpose  of  transporting  provisions  from  Oswego 


41 

to  tliis  place  ,  or  from  and  to  such  other  place  or  places 
as  may  become  necessary  until  otherwise  directed  •  but 
previous  to  any  boats  being  sent  to  any  place  more  dis- 
tant trom  this  post  than  Oswego,  the  Commanding  Officer 
at  this  post  will  be  notified  or  consulted  as  to  the  time 
when  the  boats  shall  go  further  from  thence  than  Oswe- 
go. You  will  please  to  furnish  such  men  as  may  be  em- 
ployed on  account  of  Government,  with  rations  while  so 
employed. 

You  will  furnish  the  necessary  store  room  for  the  pro- 
vision, or  direct  yours  to  do  so,  and  if  the  Commanding 
Officer  at  this  post  shall  not  furnish  a  store-keeper,  you 
will  appoint  a  proper  person,  and  name  him  to  the  Com- 
panding Officer,  for  his  approbation.  With  respect  to 
issues  at  this  post,  while  I  have  the  command,  consolida- 
ted returns  signed  by  the  Commanding  Officers  of  Reffi- 
giments,  and  approved  by  myself  or  by  Capt.  Charles  E. 
1  oby,  my  aid  will  be  recognized. 
I  am,  sir,  respectfully 

Your  humble  servant, 

^OHN  CHANDLER. 

Albert  Andereon,  Esq.  ^''^'  ^'^^^^^* 


n 


g.  _  ^ew-  York,  May  1 2,  1 8 1 3. 

y[^^I^- '  J,^^^  ^^^  ^^®  pleasure  of  a  personal  inter- 
view with  Maj.  Gen.  Dearborn,  among  other  instructions, 
1  received  the  enclosed  orders  of  April  I4th-.I  immedi- 
ately took  measures  for  their  execution,  and  by  Gen 
Dearborn  s  request,  I  wrote  to  Maj.  Gen.  Lewis,  to  re^ 
quest  him  to  give  the  earliest  information  of  the  number 
ot  rations  required  on  the  Niagara  frontier,  on\he  1st  of 
June  J  and  to  inform  me  of  what  amount  of  supplies 
would  be  left  on  that  day  by  Mr.  Porter. 

In  absence  of  Gen.  Dearborn,  I  had  the  ,honor  tn  nr?- 
dre,^  a  note  to  Gen.  Chandler,  commanding  atSackett's 
Harbor  ;  his  reply  which  is  annexed,  embraced  all  the 
objects  of  my  inquiry. 


41i 


The  Army,  in  its  present  state  of  or£rani.....ioii,  ims 
never  been  directed  to  consolidate  tli(3ir  provision  returns, 
but  every  Officer  commanding  detachments  and  contpa- 
nies  has  thought  himself  at  liberty  to  draw  rations  on  liis 
own  authority,  when  it  is  well  settled  that  the  contractor 
is  not  bound  to  obey  the  recjuisition,  but  of  the  ( Command- 
ing Officer  onhj.     It  is  undoubtedly  the  duty  of  Quarter 
Masters  of  Regiments  to  cause  all  the  Company  returns 
to  be  consolidate(l,  to  be  signed  by  the  Commanding 
Officer  of  the  Regiment,  and  countersigned  by  the  Com- 
manding Officer  of  ■  '.f  post,  who  will  give  a  voucher  for 
those  returns  in  a  "  n.outhly  abstract."     We  are  collect- 
ing the  Army  at  one  point,  and  we  are  about  entering  the 
enemy's  country  ;— subaltern  Officers  may  be  taken  pris- 
oners or  be  killed,   before  an  abstract  can  be  had.     In 
fact,  it  would  be  impossible  to  issue  on  those  multiplied 
returns,  some  without  order  or  date.     And  it  becomes 
indispensable  that  an  order  should  proceed  from  the  War 
Oflice  to  the  Inspector  General  or  the  Commander  in 
Chief  on  this  subject,  that  will  be  permanent  and  apply  to 
the  cases  that  daily  occur. 

What  supplies  are  required  at  Buffidoe  and  Niagara  ? 
li Porter  leaves  any  provisions  on  hand  on  the  \st  of 
June,  is  an  inventory  to  be  taken,  and  are  they  to  be. 
issued  by  the  new  Contractor  f  The  first  of  June  will 
soon  be  at  our  heels,  and  this  requires  attention. 
With  sentiments,  &c.  &c. 

ELBERT  ANDERSON,  Jr. 

Hon.  John  Armstrong, 

Secretary  of  War. 


By  a  letter  from  General  Lewis,  of  the  28th  inst. 
I  learn,  that  all  the  flour  purchased  by  order  of  Ceneral 
Smith  last  fall  on  the  Niagara,  is  yet  there  and  untouch- 
ed. You  may  avail  yourself  of  this  and  do  it  promptly. 
I  know  not  how  much  Mr.  Porter  may  have  on  hand 
now,  and  as  little  do  I  know  what  he  'may  be  able  to 


-it) 

\vi\\i)  ill  store  when  hi.s  contract  will  end.  If  thiiisfs  ijtt 
jis  I  liojxr  and  have  reason  to  boliovo  tliey  will,  large  do- 
niaiids  upon  you  will  soon  ho  nuido  at  and  about  fc^ackott's 
llarhor.  'I'lio  Uli  licginiont  is  on  its  inarcli  from  Mas- 
wachnstjtts,  about  (iiO  strong,  and  Major  i)ix  will  bot  out 
from  iJaltimort)  with  a  battalion  of  the  1 1th  in  a  few  days. 
Another  battalion,  uncU^r  Major  Case,  will  leave  Phiia- 
del[)hia  in  a  week  or  ten  days,  and  a  third  under  Lieuten- 
ant-Coh>n(3l  Preston,  iri,  perhaps,  now  at  Sunsberry, 
(Pennsylvania.)  When  all  the  threads  are  asaembled 
the  ball  u  ill  be  a  large  one. 

The  Campaign  has  opened  auspiciously, 
four's,  respectfully, 

J.  AUMSTPiONG. 
12th  May,  18Ui,  War  VqmrtmcuL 
Eldert  Anderson,  Esq. — N.  York. 


SIR, 


New- York,  3Iay\\,  1813. 


I  this  day  enclose  Mr.  Simmons  my  accoujit  for 
current  issues  for  the  month  of  March,  amounting  to— 
^(jl. 774,59  6. 

In  my  letter  of  the  fith  of  April,  I  had  the  honor  to  es- 
timate the  issue  of  this  month  at  only  $38,000  lollars,  and 
drew  accordingly,  indicating  the  issues  of  April  and  May 
on  the  same  ratio.  1  shall  be  justified  in  drawing  for 
one  hundred  and  twenty  thousand  dollars,  but  I  shall  for 
the  {)resent  draw  for  the  month  of  April  only. 

I  have  many  mouths  to  feed,  and  the  abstract  for  depo- 
sit you  re(iuired,  as  well  as  the  remainder  on  Lake 
Champlain,  will  soon  be  completed.  All  I  ask,  is  a 
prompt  settlement  of  my  accounts,  by  the  Accountant's 
department.  Surely  Mr.  Simmons  does  not  wish  to  be 
reminded  that,  "  no  officer  of  the  United  States  shall  im- 
pede the  settlement  of  the  Contractor's  accounts." 
I  am,  sir,  &c.  &/C. 

EL15ERT  ANDERSON,  JUN. 

Hon.  John  Armstrong,  Secretary  of  War. 
Wasiiington,  D.  C 


W 


'\ 


Sir— 


44 

New-  York,  May  18,  1813. 

iliXTRACT, 


Your  favor  of  tlic  12tli  is  received.  I  feel  m-ont 
pleasure  in  congratulating  you  en  the  favorable  com- 
mencement of^he  campaign.  The  war  will  soon  term  - 
nateon  Lake  Ontar  o.  Since  my  letter  to  you  of  tl.elTh 
Lewis      '"  '"  '  communication  from  Maj.  Gen 

With  respect,  &c. 
Hon.  John  A.™stro„.         ''^^^^^  ANDERSON. 


«;,.    I.         -        ,       .      New-York,  June  5, -[Z-i% 

ibou  loo  rjnn"'  •■,'«'«"V"  ^"'''""«  «'  !''■'"«=''  Milk, 
about  300  to  400  per  day.     It  is  impossible  to  procure 

supplies  ,n  Frauklm  County,  and  Gen.  Dearborn  exnres! 
sed  a  wtsl,  they  should  .  ome  to  Plattsburg  and  receive  ra- 
tions from  the  public  stores.  ici-fc've  ra 

Would  not  the  public  interest  be  promoted  byorderin<r 
the  Indian  agent,  Gen.  Moore,  to  cause  the  Ind  ans  t! 

nfZ  r^Tr  ^'""'  '^^  P"''"«  ^•"'•^^  «n  Lake  Cham- 
plain,  or,  shall  I  continue  to  make  current  issues  of  ra- 
tions to  hose  Indians  on  the  signature  of  the  Officer 
commanding  at  French  Mills. 

I  am  sir,  &c. 

Hon.  John  Armstrong.      ^"^^^^^  ANDERSON,  Jh. 

1ho^^^^T^'^'^'f"^^'''^'^^°"^^'""^^  at  a  sacrifice  to 
he  contractor,  although  not  *'  authorised  by  the   con- 
iract. 


Tn  *!.«  n  ^^l""'^  Q^'aricrs,  Niagara,  June  26tk,  1313. 
1  o  the  Contractor  or  Agents, 

feiR — You  will  ivifhniit  /loln^r    ♦«K^    _ir_-^-,_i 

su.es  foi  having  a  supply  of  Pork  and  other  articles  now 


15 

^n  hand  nfico..ury  to  complete  tho  rations  transportea 
iVurri  tho  nearest  deposit  to  tins  place  by  land. 

II.   DEARBORN, 

Colonel  Elisha  Jenkins,  ,      \ 

a  M.  G.  Dth  Military  Dintrict.  )  ,,      *     i 

'^'     Sir^-You  will  be  pleased  to  pay  Mr.  Anderson, 

the  contractor,  tor  the  transportation  of  t»\;;  F---;;^^;; 

rected  by  the  within  order,  on  the  production  ot  the  pi  op 

er  vouchers  fur  the  same. 

ROB'T  SWARTWOUT. 


Upper  Canada,  Fort  George,  July  15,  1813. 
"Mai.  Gen.H.  Dearborn, 

Or  Officer  commanding 

N'uiffara  Frontier, 
S,R_On  the  3d  inst.  whilst  at  Albany,  1  had  the 
hnnnr  to  reccive  a  copy  of  your  order  of  the  26th  ult. 
Tsm  ttedto  me  by  ifj  agL  Mr.  Thorne  ;  although  it 
was  not  legal  to  call  on  the  present  contractor  to  fill  the 
rSfo/i^ar^.  of  rations  left  in  deposit  by  Mr.  Por- 
tT^vhen  his  contract  particularly  spec  fies,  that  deposits 
are  to  be  made  at  fortified  places  and  military  posts  tor  an 
Army,  there  to  be  stationed  for  three  months  in  due  pro- 
poUon  of  all  articles  composing  the  rat^ion.     Yet  "^^^^^^^^^ 
the  impression  that  the  Government  will  maki^  suit cd^h 
and  equivalent  arrangements  for  those  sacnjices   ha 
are  and  must  be  made,  1  have  lost  no  time  in  the  prompt 
pxpcution  of  that  order.  «  , 

Myagent,  Mr.  Thorne,  left  Fort  George  on  the  2nh 
ult.  and'on  the  3.1  of  July,  every  team  that  eoul.l  be  procu- 
red was  puth,  requisition  to  conrey  the  provision  to  I  oi 

r, <•..,,.  r:„.,o,™   Snilua  mid  Cayuaa,  a  distance  ol 

100  milci^,  over  almost  an  impassable  road.     1  likewise 


tymniriiiiii  111,  . 


AO 


ordorod  three  hontf?  to  ]on<]  nl  O 
•'i^n  n  vvitli  vvliiskcy,  j,„r!^. 


I\' 


swr 


£f(i  and  j>rocccd  to 


<o',\\)  ;mi(1  vin(!ir.|,..* 


mnko.     I  shall  „„|y  ,,sk  ,„  ,,,,„,  ,i„.  ,|,.,„,,i,  j,  ,.,.;,,,i,.f,  |  '^ 

Ml  l„.  oo,„,„.||c.,l  fo  .on.l  lh,„,  il,,.  „ I        '  f  V, 

River,  Gnrun,l,.^r,„,  I>„„|„„, ,,  i,|„  s  ,  '  o  "'''"'' 
an.1  r  am  compelle.l  lo  call  on  v, ,  I'o  I  '  i!  r,l  "'''rr  ' 
^.a,.s  a„.l  ,..a,„.  (i..  .iKMnn.sil::;!;-       w^  Z't'." 

CC.1  ,n  ,(,.pos„s,  a,s  it  ap,„..ars  .liliicul.  ,o  pro.    o  .    •  nc 
cc.s.,ry   coavoyanco   by  private  co„t,actl  J  tl,at  p":. 

I  likowiso   nnilrrstan.l  timt  an  or.lor   l,as  I.Pon  is.,,.,! 
for  I  he  pM,rl,a«.  oC  200,000  n„ion»  «i(l,in  my  Z  He    ?  f 
^"Pl'ly.*     r  must  hos  leave  respectfully  t.     v     ,     n,  i 
am    protest  a.^aiast  this  (.rocllu-o,  as  U.,  li   ,'  to  h   u  c 
«n,l  jroparflize  n.y  pr,.se„t  nn.l  future  arran-'^^ne  ,  s     ,r 
tl^  ,lue  executioa  of  my  c.atract ;  as  not  l.ein^  ~n.e  I 
by  any  fa,l,u-e  of  special  terms  of  that  eoatract  at     nil,  ?l 
ins  to  <lostroy,l,at  confalence  so  neces      y  i "  1"  .  ^"^  " 
an,l  finally  ,o  enhance  the  valu,.  „f  all  ,|,c  ,uticl  "^com   ' 
mnrr  1„.  rations,  l.y  placing  the  p,ncl,ase,"  ,,    1^3  ^X: 
ofe^c/wrhtaut  and  ararieim,,  Lh/n:,  rrc"ti    rV'Zt 
Mivn  so  unequal,  l.y  giving  one  pa,-,y , n.li  a  ,e,l!,ow7f: 
purchase  at  any  price,  ,vl,ilst  tJ,e'o,h,.r  is ,  ,Cst' rilv  It 
iricte,!  I.y  Ins  ontract ;  an<l  lastly,  |,y  a'l    ,'^  to  I, L^ffl 

.,.J,I"'"^  J?,"*'''","''''^''  "'°^''  ■•nnsons,  and  on  reconsid 
r.aoon  ot  this  subject,  recall  your  oners  which^Tin 

scat  Lit},  ot  the  articles  most  wanted. 

I  Jiave,  &c. 

ELBERT  ANDERSON. 

\  TJic.*e  were  to  fill  the  deficiency  of  Porter'.  drnn^^If 
and   Ins  IS  the  hotter  of  notice  and  protest  Sd  3'    f 
yot  the  thn-d  auditor  says  the  contractor  dd  no  1  e^f 
I  Jie  order  was  recalled.  ^lanui  object — 


47 

Fort  George,  Jalij  16,181  o. 

Gen.  Boyd, 

Coiuiiiiindinu-  Ninfffira  FrontliT, 

{<ii- — I  v('st(»r(lay  iindcMstodd  tlr^t  Grn.  Doar- 
l)()rii  had  n'sionod  llio  nominnnd  oftlio  Army  on  thin 
(Vontiorto  you — \  have?  tlicrctoro  the  honor  to  onf/losf  an 
official  coniiminictition  on  ll>o  yuhjoct  ofsupplics,  n!(|nirrd 
lor  your  army.  An  oarly  answer  as  to  tiie  r.um!)er  oftho 
rations  required  to  be  deposited  tor  this  ju»sf,  will  ho 
thankCully  received.  As  the  pork  ordered  over  land  must 
necessarily  be  a  lonir  time  in  its  transportation,  1  would 
suiiirest  a  recjuiNition  on  the  principal  biKeher,  throu<^di 
m(i,Tor  beeves  on  the  foot  e(iual  to  twenty  or  thirty  days 
in  advance. 

Ihave,  <&rc. 

ELliERT  ANDERSON,  Jr. 


BiR, 


All»any,  Sept.  3,  1813. 


I  h.  ye  the  honor  to  draw  on  you  vmi\ox  date  of 
September  1,  1813,  for  one  hundred  and  eight  thousand 
dollars,  in  favor  of  Isaiah  Townsend,  l^sq.  This  draft 
is  predicated  on  the  actual  issue  of  .hme  and  .lidy,  and  the 
presumed  issue  of  Auiiust — the  tal)le  enclosed  will  show 
the  datn.  I  should  have  sent  on  the  abstract  as  herein 
stated  for  .Tune  and  .Inly,  but  expect  they  would  be  more 
acceptable  to  the  Accountant  of  the  War  Department  to 
embrace  the  w-hole  quarter.  l>y  the  issue  of  the  preced- 
ing quarter,  it  will  be  seen  what  will  be  required  for  the 
quiirter  commencing  1st  September,  independent  of  any 
deposit  that  is,  or  may  be  orde'-ed — being  for  the  regular 
force,  ^^2.56,601  17,  w'hich  sum  1  shall  draw  for  at  some 
future  period.  In  addition  to  that  fund,  I  am  ordered  to 
supply  1,500  Militia  at  Ningara,  and  2,UUU  at  Sackeft's 
Harbor,  which  are  ordered  out  for  90  days  service,  whi(di 
will  require  a  fund  of  ^^55,125  0.  I  hr  ve  drawn  for  fifiy 
thousand  dollars  to  meet  that  expenditure,  in  favor  of.?.  VV. 
Yates,  Esq.  Cashier,  at  sight,  dated  3d  inst.  which  will  be 


^ . 


48 
chnrirod  on  iiccount  of  issiios  rcniiirnrJ  i)^  ,vir.-      ..      I 

Hon.  JoI.„  An„.,ron,,  ec-'v/vvT™^*''''  •'^^• 

V 

I  um,  sir,  your  obedient  servant, 
Mr.  T],ornc-Contracto^.  ''•  ^^^MSTRONG. 

SackeWs  Harbor,  Sept.  30,  1813. 

! 

<S4IR  Albany,  Nov.  15tli,  1813. 

jv.    bo  eo„.sun.e,l  by  regular  i.4ue  by  15tl  Jammrv  18     ' 
t  becomes  necessary  to  look  for  otller  resources  h/tJui 
10  meet  tlie  <  emmiils  of  llie  .-mnv      'ri,„  ♦  • 

«lH)..nen|s,  Inst  ,o  St.  Joln.'s,  tl,«a  18  milc^  by  "  d  to  1  ? 

p™ne  tl.on  „ga,n  9  n.iles  to  Montreal ;  wwii'by'uil: 

i.       ,  1     ,"""'  ■"-'  >=»"^<'y"l  direct  to  Montreal  vvitMess 

•ear      l;;;,M'Tr   ";;"'«^""-   *"  S-^-l  --asons  of  tC 
Jtui.     I  «„„1  I  ,  ,er...tore  sua-i,est  tiiat  the  Hon.  Secreta 

y  '>    V.  m- authorize  the  public  «tore  keepers  to  receimto 
d  ;.i      .rr;,*'"^''f  '•""■■  '""'Village,  and  itSaekt.  fs 


J I  lu 


f'Oivii  liic  nvor  to  equal  udr 


I  1 


uiitaf''o  ys 


ttihsporiiuiuii  iri  eneciL'd 
iron:  tjie  JI;irbour, 


iitid 


4«> 

Thn  rations  tobolnid  up  for  deposit  shoulfl  ho  in  sncli  pro- 
portion m  to  nu!et  tlm  cxcoHsofnuuit,  Slc.  on  Lnko  Chuni- 
plain,  which  onglit  to  be  as  two  of  flour  nnd  licjuor  to  one  of 
meat.  A  «rnall  8upj)ly  of  flour  couhl  he  had  on  tiic^  shores 
of  Lake  Chaniphiin,  but  not  in  time  to  be  removed  bcjfore 
next  Spring — all  of  which  is  respectfully  submitted  by 

Your  ob't  servant, 

E.  ANDERSON. 
Hon.  John  Armstrong,  Sec'ry  War. 


p.S. — The  consumption  of  the  deposit  ia  estimated  from 
15tii  of  this  montii  at  Montreal  at  the  ratio  of  12,000  men. 

[Note — This  letter  was  written  when  Hampton  had  the 
Commissariat  m  his  own  hands,  and  Gen.  Wilkinson  was 
descendinfiT  the  St.  Lawrence,  and  had  to  call  on  him  im- 
mediately on  his  airival  at  the  French  Mills  for  bread- 
fltufls.] 

Sir— 

The  supplies  for  the  use  of  the  posts  on  Lake 
Ontario,  will  be  deposited  at  the  Moiithof  Geiicssce.  Sali- 
na,  Falltown,  on  the  Oswego,  and  for  the  Troops  further 
to  the  east  at  Vergennes,  or  other  secure  points  towards 
or  at  the  head  of  Lake  Champlain.  The  quantities  at 
these  points  g^hall  be  indicated  as  early  as  possible. 
Your's  respectfully, 

JOHN  ARMSTRONG. 
Elbert  Anderson,  Esq. 

Nov.  16,  1813,  War  Department 


^ 


Sir 
lowin 


on 


War  Department,  Dec.  2d,  1813. 

You  will  make  deposits  of  provisions  at  the  fol- 
places  ; — Whitehall,  Vergennes  and  Plattsburg, 
Lake  Champlain — and  at  Sackctt's  Harbor,  Falls  of 


'&  S3 


50 

jte  advanced  po«„,  to  twelv;  thoujaml  o" Ir'''l,'.''''' 
bc<,„  s,v..„  to  collect  at  Platt.bur..  a)  the  nroj  ion,  ^^ 
iiMleposrt  at  other  points  on  Like  f't  ,,""*'' 
tl.e.e  yo„  will  i».ue  4reeabir.o  the  ordc  T<  v'' '.'''"" 
born  oCthe  4th  oC  April,  l»13  •"""-"'^""'  ^<^"-  JJ^"- 

made,     'ho  QnartSL  ^Ge  ;c:^ar',^ir'l''''  T'^ 
to  iaeilitate  transportation     and    ^ca^es  in  u?'  T'^"'' 

tnu.port,to,oave^hetne,n.e,i■oVcrbr;:S^ 
ccl.  I  am,  sir,  ixv^poctfuljy.  &c. 


|4 

n 

c 

<] 

c 

€ 


SIR, 


Head  Quarters,  Malone,  Dec,  20,  18  J  3 
(Extract.) 


state  ontos!''''K^';h!!^°"'",""'^"['r  '°  "'«  f«"°wing 
;..;;','  '""'  "*/',"'  ''"'naged  flour  remaining  on  hand 

brL'ri.  r;;!rtTnorted  t^''""fY,"*'t '•'«'="«• 

ouiliti,  nf  „.t'  •  "Porteuto  be  at  1  lattsburg,  tlie 
qua.ity  of  wliich  is  unascertained.  Here  then  sir  vn,. 
I;«ve  the  whole  stock  of  flour  nn,l  i^.^JlT'}',''"'  ^"" 

n.-v. 1  ,.         .  —      "•'  ''^'A"  vjii  xiunu  lur  1(311 

fct.  Lawrence 


^^wusaiid  iiicii,  foniiiiicr  a  CordgiUbal  the 


.'I 


51 

10  Lake  Champlain,  wWch  without  a  speedy  supply^^^^^^^^^ 
may  be  compelled  to  abandon,  or  tlie  mo.t  tatal  conse 
quences  must  necessarily  arise. 
^  You  inform  me  that  your  prospects  on  the  sid^^^^^^^ 
Champlain  are  almost  hopeless,  but  that  you  l^ave^^^^e 
ouarter   of  Utica  flattering  prospects  oi  a  pr^n^P^J^"^ 
2omnetent  supply.     Let  me  then  entreat  ot  you  sir,  to 
3y  eve  y  exJrtion,  and  strain  every  nerve  to  accom- 
Xl  these  expectations,  and  relieve  the  troops  as  speed- 
Flv   Uoossib  le.     To  accelerate   your   operations,    the 
t a^Kterbeneral  has  order,  to  co-operate  w^^^^^^^^^^^ 
by  every  means  in  his  power  ;  and  I  "^^^^^ hope  that^^^^ 
joint  efforts  may  avert  consequences  that  I  tremble  at 

the  thought  of.  JAMES  WILKINSON. 

James  Thome,  Esq.  co-partner  and  agent  of  Elbert 

Anderson,  Esq.  Army  Contractor. 


(Extracts.) 

Plattshurgh,  Sept.  18,  1813. 

^'''~  If  vou  will  be  so  good  as  to  state  in  writing  your 
inten^ion  'asverbally  staled  to  clay,  to  supply  and  i^^^^^^ 
«11  raiions  required  for  subsistence  for  the  1  roops  ot  the 
V  stateTand  Militia  on  this  station,  independent  of  my 
LrucTons  o^^^^^  it  will  confirm  that  high  opinioa 

iTave  Tyou  candor  and  frankness,  and  which  you  per- 
Ss Matter  so  deeply  interesting  to  me  --^l^^^; 
tial  in  the  future  claims  I  may  have  on  the  Government, 

With  respect  I  am,  &c.  

^      ELBERT  ANDERSON. 

Mfli  Gen.  Wade  Hampton,  . 

landing  the  Army  on  Lake  Champlam. 

Head  Qtiarters,  Cumberland-Head,  Sept.  19, 1813. 

^"~  I  am  this  moment  favored  with  your  letter  of  yes- 

tP'dav'8  date- It  is  my  intention  to  maKe  no  ui>- 

«5on  you  a.  contractor,  until  the  public  .uppheswUh 


1       I  '* 


f 


..MliiKlliI  JO^'m 


.  52 

which  you  '-nve  nothing  to  do,  and  for  the  imie  of  which 
my  arran^roments  have  been  made,  before  1  knew  vni, 
^::S^:''  -"— =  andWti/n'ot'pTbible 

I  have  the  honor  to  be,  &,c. 
Elbert  Anderson,  Esq.  ^^  ^^MPTON. 


\%  ■  X' 


,    %  disappointment  is  not  to  be  roo-rettpa  '  fm'    .♦! 
18  a  crisis  in  the   campaign  which  o'u.J  In  '-  '^J"''''^^'^'^ 

tlie  public.  ^  ^n^f^pendent  of  any  inconvenience  to 

e^u.on  of  ti.  .„5,  ta.e„t"l  ^^^:7r:^  '^^ 

With  sentiments  of  great  respect,  I  am  &,c 
Hon.  John  Armstrong,  Sec'ry™""^^  ANDERSON. 

gir  Plattsburgh,  Nov.  18th,  1813. 

1  am  directed  by  the  Commnndinff  General  W  TT 
ton,  to  give  notice  to  any  arront  of  Mr   An  f^^P" 

Contractor,  that,  as  theimy    ave  tatif  w^^^^^^^        "^^'"^ 
the  duties  of  the  C(,ntracior  in  r.lnf-     !     ^^^''l"''**^^*'-^* 
the  A.my,  will  ^LZon^.^^^^^^^^^ 
himself  accordii)  criy.  '        ^"^ ''  *^^  P^^'^««  govern  . 

Most  respectfully, 

JAMES  THOMAS. 

James  Thorne,  Agent  &c.  '''*'^  ^'''  ^^"'^'^  ^^''- 


53 

PlattsburgK  Nov.  18,  1813* 

^"~   I  am  directed  by  Major  General  W  Hampton  to 

"outract  with  the  uf  States  for  l  u«  purpose. 

Mo.cre»pccti«.ly^^^  THOMAS.       ' 
Col  and  Qr.  Master  Gen. 
Elbert  Anderson,  Esq.  New-York. 

iVctc-Tor^, -ZVb^-27,  1813. 
^'''""   In  the  absence  of  the  Hon.  Secretary  of  War,  I 

nntulpiice  with  Gen.  W.  Hampton. 
^  I  have  forebore  to  urge  the  force  of  my  claims,  and  the 
iniurv  I  would  sustain  by  the  refractory  disposition  of 
'S.^4.  Hampton,  because  I  did  not  wish  to  «nar  t lie 
oneration  of  Government  at  so  momentous  a  period  in  the 
cSan-  those  reasons  are  now  at  an  end,  and  if  I  am 
toXime  my  duties,  this  is  the  moment  for  the  President 
of  IheU.  slates  to  give  instructions  through  the  proper 

^'Tbe  "leave  through  yon,  sir,  to  assure  tfie  President 
nf  the  senthnents  of  respect  in  which  I  hold  his  charac- 
ter   and  Si  always  be  happy  to  obey  his  commands. 

I  v^uWui  sir  vour  ob  t.  servant, 

I  lundia,  su,  y^j;,^^j^j^,^,  ANDERSON. 

Daniel  Parker,  Esq. 

Plattshurg,  Dec.  22,  1813.    ^ 

^^^'     I  have  1  een  informed  that  the  Accountant  of  the 

War  Department  has  prepared  a  btatement  o    my  ac- 

■^!!.^Z  .hTln«t  Contract,  and  that  the  principal  pomt 

Cuuuta  xv.-r    ."-   ;    -;  ,,      *V.ootu  nn^  OackageS 

Permit 


decision 
for  provision 


allowance  of  casks 
that  has  been  placed  in  depos 


54 


,  'f>  m 


jne,  sir,  to  state  to  you,  that  this  claim  is  so  clear  and 
just,  and  8o  well  established  by  former  precedent,  that  I 
am  persuaded  you  will  not  hesitate  a  moment  in  allows 
ing  the  charges.     The  first  issue  I  ever  made  under  my 
first  contract  in  1809,  was  for  troops  on  the  move  for  N. 
Orleans ;  Dr.  Eustis  decided  that  the  casks  and  packa- 
ges did  not  constitute  any  part  of  my  contract,  and  that 
they  must  be  paid  for.     In  truth,  sir,  any  Corps  or  De- 
tachment on  the  march  that  draws  for  rations,  and  re* 
quires  casks  or  packages,  they  have  been  allowed  on  be- 
ing endorsed  on  the  back  of  the  abstract,  or  a  separate 
receipt.     Our  contract  is  for  rations,  and  when  deposits 
are  r^^quired,  the  casks  are  furnifc;hed  for  the  convenience 
of  -jovernment  to  preserve  the  provisions.     Exclusive  of 
these  considerations,  we  have  furnished  deposits  of  four 
and  sa/t  meat,  when   our  contract  says  the  option  of 
bread  for  five  days  in  seven,  shall  be  with  the  contractor, 
and  fresh  beef  to  be  issued  in  due  proportion,  or  conform- 
able to  regulations  of  the  Commander  in  Chief. 

You  must  be  aware,  sir,  that  the  contract  of  lost  year 
was  fulfilled  with  great  hazard  and  the  most  indefatiga- 
ble exertion  on  the  part  of  the  contractors,  who  had  been 
called  upon  to  make  deposits — when  they  had  to  contend 
with  the  difficulties  of  a  scanty  crop— the  exorbitantly: 
hii^h  price  of  all  the  articles  of  supply,  flour  especially, 
wliichwas  12  dollars  per  barrel,  when  our  contract-price 
was  only  seven  dollars,  34-100,  including  the  barrels ; 
and  these  difiiculties  were  increased  by  the  liberality  of 
our  Government  allowing  the  Contiactors  for  the  Army 
of  Spain  ami  Portugal  to  be  competitors  in  our  market. 

The  Honorable  fc:*ecretary  knows  1  feel  great  solicitude 
in  having  my  accounts  speedily  closed,  and  in  doing  jus- 
tice to  nic  he  will  have  due  regard  to  my  claim  and  the  na- 
tional inie;est.     Yours,  &c.  E.  ANDERSON. 
hon.  John  ArniKHong,  Sec'ry  of  War. 


CTT? 


Platfsburgh,  January  11,  1814. 

The  public  service  imperiously  demands  that  at 
least  ninety  days'  sound  and  wholesome  rations,  aaily 


*      55 

issues  for  6000  men  should  be  deposited  at  the  French 
Mills,  also  at  Chateaugay-Four-Corners  for  2000  men, 
daily  issues,  and  in  like  manner  at  this  place  four  thous- 
and rations,  daily  issues.  No  circumstance  which  it  may 
be  practicable  to  avert,  should  obstruct  the  most  prompt 
execution  of  this  requisition,  which  ought  to  be  carried 
into  complete  effect  by  the  2d  of  next  month. 

To  prevent  the  effects  of  the  enterprize  of  the  enemy/ 
which  we  ought  to  look  for,  the  sleighs  or  waggons  em- 
ployed by  you  in  the  transport,  should  march  in  consid- 
erable numbers,  and  on  application  to  the  Commanding 
Officer,  he  is  directed  to  furnish  the  necessary  escorts  to 
Chateaugay.     With  consideration  and  respect,  I  have 

the  honor  to  be  your  ob't  serv't, 

^®  ^  JAMES  WILKINSON. 

Elbert  Anderson,  Esq.  Contractor  for  Army  supplies. 


Head  Quarters,  Batatia,  Jan.  2^,  1814. 

The  Contractor 

Will  deposit  without  delay  provisions 
for  the  troops  in  the  United  Stc.tes  service,  at  the  following 
places,  viz  :  at  Williamsville,  1 75,000  rations 

^         '  Batavia,  225,000       " 

Warrens  Ridge-road,        100,000       *' 
Your's, 

A.HALL. 
Maj.  Gen.  of  Niagara  Frontier. 

Memorandum.— I  shall  require  Maj.  Allen,  Contrac- 
tor's agent,  to  deposit  at  Batavia  50,000  complete  rations 
of  provision,  and  in  like  manner  to  deposit  at  Canandai- 
gua  150,000  rations,  these  deposits  will  be  made  as  a  sort 
ef  reserve.  W.SCOTT. 

'      Col.  of  2d  Regiinent  of  Artillery. 


n 


glR,— The  movement  of  the  troops  requires  that  you 
should  take  up  and  t;ausport  all  the  provision  and  storei 


«t  this  post,  Malone,  nnd  Vl   , 

1  i'e  bread  at  Qmreau,'  I    v  '  ''""^  '»«"es.  '' 

"Old  w  destroyed.     w2^"^'  '  .  """'iewned,  sJionlH  K 
««.  «;<-,  j.o«r«/  "'"''  «"««ideration  and'  ^X,,  | 

J-  TWne,  E.q.  Contractor'/lSt^  WILKINSON,' 


(Extract.) 


Sir— 


^'■"'■^'"•'^.^^S.  8, 1814 
stress  Gen.  Wi?ki„      ',  ^""^  f"""--  Corners      T^'^  P*""' 

Genera)  Hall  fo'ejasj"^^"-  you  cop/es  otCl-r^f 

^ itii  groat  respect,  ^^^eriiirient. 

i  am  your's,  &c. 
Won.  John  Armstrong,  Secret^^J^,^^ J/^^^^^ 


57 

Extract  from  a  letter  to  James  Ma  (ft  son,  late  Presu 
dent,  dated  Westchester,  12th  Oct.  1323. 

*'  I  now  take  the  liberty  to  send  you  inclosed  copies 
"  of  letters  which  were  the  subjects  of  confidential  con- 
"  ference  at  the  period  they  were  written,*  and  likewise 
"  a  late  letter  from  the  former  head  of  the  War  Depart- 
*'  ment.  Can  I  flatter  myself  with  any  expression  of 
"  your  views  of  my  past  services,  such  as  one  citizen  may 
*'  render  to  another  in  his  best  recollection  of  past  e- 
"  vents."  I  am,  &c. 

ELBERT  ANDERSON, 

c  r^      ,  ^ ,  o      ,  IaixXq  Contractor. 

*  Dated  2d  8^  6th  Jan.  1813. 


SIR, 


Montpelier,  Oct.  22,  1823. 

The  attention  of  the  Executive  of  the  U.  States 
bemg  divided  among  the  several  Departments,  he  cannot 
be  supposed  as  particularly  acquainted  with  the  transac- 
tions under  each,  as  the  respective  heads  of  them.  What 
I  can  say  with  truth  and  pleasure  in  your  case  is,  that  ev- 
ery thing  I  recollect  to  have  known  of  your  agency  in 
supplying  the  army  during  the  late  war  was  favorable  to 
the  abihty  and  zeal  with  which  the  trust  was  executed. 
With  friendly  respects, 

FiK    .  A   ^  1.  ^^^^^^  MADISON. 

liiibert  Anderson,  Esq. 


DEAR  SIR,  R'^dHook,AuguHX%n^. 

I  received  your  letter  of  the  4th  instant  a  day  or 
two  ago  ;  1  am,  as  you  well  know,  no  great  panegyrist  of 
either  dead  or  living  public  functionaries ;  but  this  fact 
notwithstanding,  it  by  no  means  follows,  that  I  should 
have  any  hesitation  in  speaking  favorably  of  them,  or  of 
their  conduct,  when  the  latter  shall  have  been  such  as, 
in  my  opinion,  entitled  them  to  nraisp.  On  thJa  o.««o,.oi 
principle,  and  under  the  best  recollections  I  have  of  the 
manner  in  which  you  disciiarged  your  duty  as  an  Army 


mdm 


.^  M 


/ 


58 


I 


Contractor,  I  havo  no  scruple  in  saying,  that  it  was  both 
able  and  honest,  fulfilling  as  far  as  was  perhaps  post- it)le 
underthe  circumstances  of  the  times,  the  injunctions  of  the 
law,  and  the  objects  and  expectations  of  the  Government, 
and,  on  some  occasions,  showing  a  disposition  to  promote 
the  success  of  pending  military  operations  by  doing  rather 
more,  than  less,  than  was  prescribed  by  the  letter  of  your 
contract. 

It  was  the  joint  effect  of  this  disinterestedness  and  of 
the  opinion  entertained  of  your  general  capacity  for  bu.>i- 
ncss,  that  induced  me,  with  the  approbation  of  the  Presi- 
dent, to  sound  you  on  the  subject  of  su[)plying  the  Army 
by  a  Commissariat,  instead  of  contracts,  and  virtually  to 
offer  to  you  the  direction  of  a  department  of  that  descrip- 
tion. This  fact  is  perhaps  the  best  illustration  I  could 
give  of  the  consideration  in  which  you  were  held  by  the 
Executive  of  that  day,  and  which  takes  a  new  force  from 
the  circumstance,  that  when  the  offer  was  declined  by 
you,  it  was  not  made  to  any  other  person. 

I  am,  dear  sir,  respectfully  your  obedient  humble  ser- 
vant, JOHN  ARMfcJTROJNG. 
Elbert  Anderson,  Esq. 

IVasfdngton  City,  IVovemhcr  SO,  1823. 
Dear  Sir — It  is  but  justice  to  give  you  credit  for  the 
f)art  which  you  bore  in  the  late  war  with  Great  Britain, 
when  you  not  only  exerted  yourself  to  sustain  the   admin- 
istration by  all  the  means  in  your  power,  but  likewise  ef- 
ficiently combatted  opinions  which  were  hostile  to  the 
interests  and  liberties  of  the  people.     To  your  exertions 
in  the  Commissariat,  the  army,  serving  on  the  northern 
and  southern  frontiers  of  the  State  of  New- York,  was  pe- 
culiarly indebted,  and  has  acknowledged  with  gratitude 
your  prompt  and  sufiicient  supply  of  those  articles  of  sub- 
sistence essential  to  their  well  being,  at  a  time  it  was  dif- 
ficult to  supply  the  troops  with  necessaries  of  any  descrip- 
tion.    That  the  administration  was  satisfied  with  your 
conduct  in  the  important  and  arduous  duties  which  you 
had  undertaken,  is  well  known,  and  as  far  as  your  opera- 


5$> 

lions  have  come  under  my  observation,  T  hnve  hnd  every 
reason  to  l)o  pcrlnctly  sutistied  not  only  with  your  zeal, 
activity  and  syHtem,  but  with  the  liberality  and  perfect 
tairnoss  of  your  dealings,  to  say  nothing  of  the  gratuitous 
supplies  of  vegetables  to  the  Hospitals  for  the  use  of  the 
sick  and  wounded. 

With  ser*"ments  of  respect  and  esteem, 
I  remain,  dear  sir, 

Your  most  ob't.  servant, 

ALEX.  M'COMB,  Maj.  Gen. 
Elbert  Anderson,  Esq. 


Bloomficldy  Ontario  Co,  N,  Y.  Oct.  27, 1823. 
Elbert  Anderson,  Esq. 

Sir — By  your  request  I  have  examined  and  compa- 
red the  vouchers,  orders,  &c.  which  took  place  and  oc- 
eurrcd  on  the  Niagara  frontier,  in  the  winter  of  1813  and 
1814,  between  you  as  Army  Contractor,  by  your  agent 
Nathaniel  Allen,  Esq.  and  myself  as  commanding  officer 
on  that  station.  At  the  time  I  assumed  the  command,  the 
frontier  had  in  part  been  laid  waste  by  the  enemy,  viz  : 
from  Fort  Niagara  to  the  Falls — and  all  the  public  pro- 
visions, stores,  &c.  in  that  quarter  had  been  destroyed. 
And  on  the  30th  of  December  1813,  the  remaining  part 
of  the  Frontier,  to  wit :  BuiFuloe  and  Black-Rock,  togeth- 
er with  all  the  supplies  for  the  Army,  were  likewise  de- 
stroyed. 

Thus  situated,  I  called  on  your  agent.  Major  Allien, 
for  immediate  supplies,  which  he  furnished  with  promp- 
titude, without  availing  himself  of  the  thirty  days  notice, 
as  I  understand  w^as  allowed  by  the  contract — and  no 
doubt  those  supplies  were  furnished  in  most  instances  at 
a  much  greater  expense  than  they  would  have  been,  had 
the  usual  time  been  taken  to  have  completed  tlie  several 
requisitions,  viz  :  the  1st  bearing  date  the  24th  Decem- 
ber 1813,  and  directing  ten  thousand  rations  to  be  deliv- 
\:icu  Hi  uupuHit  liuur  xjuvvjkiuii. — iiu,  liiu  Oil  oi  January 
1814,  directing  thirty  thousand  meat  rations  to  be  fur- 
nished at  Williamsville. — 3d,  the  9th  of  January  1814, 

H 


Ml 


Mm 


>»ii$imimm'mmm 


U  ' 


eb 


rii 


I 


#nthe  Public  f^tore-kceper  at  Hand  ford's  Landing. — Alb 
the  lUth  of  January  1814,  for  one  hundred  thousand 
complete  rations,  to  be  deposited  at  Williamsville. — 5th^ 
dated  20th  of  January  1814,  for  viz  : 

175,000  complete  rations  at  Williamsville. 

225,000        do  do     »  Batavia. 

100,000        do  do     "  Warren's  on  Ridge-road* 

And  I  am  well  satisfied  that  the  greater  part  of  the  sup- 
plies, furnished  to  fulfill  the  above  requisitions,  were  ta^ 
ken  from  the  place  or  places  where  the  purchases  were 
severally  made,  and  transported  directly  to  the  severtU 
deposits  pointed  out  by  my  orders.  And  I  may  further 
add  that  the  places  of  deposit*  were  in  some  instances 
entirely  out  of  the  direction  of  the  posts  to  which  my 
orders  directed  the  supplies  to  be  carried,  and  consequent- 
ly the  transportation  of  them  to  the  original  places  of 
deposit  at  the  time,  would  have  been  attended  with  seri^ 
©u«  inconvenience  to  the  United  States. 
1  am,  sir,  most  respectfully, 

Your  obedient  humble  servant, 

AMOS  HALL, 
Late  3Iajor  Gen,, 

*  Places  of  original  deposits,  hy  order  of  the  secreta' 
Ty  of  ^ar  was,  Fail-town,  Gmnessee  river*  IFage  1€ 
fiaimfor  transj^ortation* 


)U8and 
— 5th^ 


«] 


I 


;-roacl4 
Hi  sup- 
ere  ta- 
were 
^evertU 
further 
itances 
ih  nij 
quent- 
ces  of 
h  seri^ 


i 


I, 

r  Gen,, 

ecreta- 
age  16 


I 


CONTRACTS,  DOCUMENTS,  &c. 


ARTICLES  OF  AGREEMENT  made  on  the  7th 
day  of  November,  Anno  Domini  one  tliousand  eight  hun- 
dred and  eleven,  between  William  Eustis,  Secretary  for 
the  Department  of  War  of  the  United  States  of  Ameri- 
ca, of  the  one  part,  and  Elbert  Anderson,  Junior,  of  the- 
city  of  New- York,  of  the  other  part. 

This  Agreement  Witnesseth,  That  the  said  Wdliara 
Eustis  for  and  on  behalf  of  the  United  States  of  Ameri» 
ca,  and  .lie  said  F"  ert  Anderson,  Jun.  his  heirs,  execu- 
tors and  adminis.-ators,  have  mutually  covenanted  and 
agreed,  and  by  these  presents  do  mutually  covenant  and 
agree  to  and  with  each  other,  as  follows,  viz  : 

First.  That  the  said  Elbert  Anderson,  Jun.  his  heirs, 
executors  or  administrators,  shall  supply  and  issue  all 
the  rations,  to  consist  of  the  articles  hereinafter  specifi- 
ed, that  shall  be  required  of  him  or  them  for  the  use  of 
the  United  States,  at  all  and  every  place  or  places  wherQ 
troops  are  or  may  be  stationed,  marched  or  recruited 
within  the  limits  of  the  State  of  New-York  (Niagara  and 
its  dependencies  excepted)  and  the  State  of  New-Jer- 
sey, thirty  days  notice  being  given  of  the  post  or  place 
where  rations  may  be  wanted,  or  the  number  of  troop* 
to  be  furnished  on  their  march,  from  the  first  di  " 
June,  eighteen  hundred  and  twelve,  until  the  thirty 


of 


-'•Miniiiiiii  III 


'  'l' 


■aatcssaSB??" 


clay  of  Mr>y,  cicrhtocn  liundnMl  and  thirteen,  nt  the  iul- 
louing  pricoM;  that  in  to  wny,  at  nny  phico  uhcMr  nilion* 
ehall  1)0  i.NNUod  witliin  the  city  and  liarhor  of  New-York 


lor  tliirtfM'n  cents  li 


iv(;  nnii.s  jx^r  ration,  vvnnin  all  other 
parts  of  th(;  State  of  New  York  at  fourteen  oentM  per  ra- 
tion, and  within  the  State;  of  New-Jers<'y  for  fifteen  cent* 
iive  mills  per  ration.  Where  the  price  of  tlic  ration  is 
thirteen  cents  five  mills,  the  component  parts  thereof 
fihall  he,  for  meat  five  cents,  brei.d  or  flour  four  cents, 
liquor  three  cents  five  mills,  small  parts  one;  cent.  Where 
tlie  price  of  the  ration  is  fourteen  cents  the  component 
partslhereof  shall  be  for  meat  five  ccjnts  fivt;  mills,  Hour 
or  bread  four  cents,  liquor  three  cents  five  mills,  small 
parts  one  cinil.  Wh(;re  the  ])rice  of  the  ration  is  fifteen 
cents  five  mills,  the  component  parts  shall  be,  for  meat 
8ix  cents,  flour  or  bread  fiv(^  cents  fivt?  mills,  licpior  three' 
cents,  Rmall  parts  one  cent.  Thv  prices  of  the  conq  on- 
eiit  f)art8  of  the  small  parts  of  the  ration  shall  be  ei«?litcen 
cents  per  pound  for  candles,  twelve  cents  five  mills  per 
pcumd  for  soap,  four  cents  Wva  mills  per  cjuart  for  vine- 
gar, and  two  cents  five  mills  per  qujut  for  salt. 

Second.  That  the  ration  to  be  furnished  and  deliver- 
ed by  virtue  of  this  contract,  shall  consist  of  thc^  fi)ll(»w- 
ing  articles,  viz  :  One  pound  and  a  quarter  of  beef,  or 
three  quarters  of  a  pound  of  pork,  ei<»ht(H'n  ounces  of 
bread  or  fiour,  one  gill  of  rum,  whiskey  or  brandy,  and  at 
the  rate  of  two  quarts  of  salt,  four  quarts  of  vinegar,  four 
pounds  of  8oa]),  and  one  pound  and  an  half  of  candles, 
to  every  one  hundred  rations. 

It  is  understood,  that  it  shall  be  in  the  o})tion  of  the 
general  or  officer  conmianding  an  army  or  a  great  mili- 
tary district,  in  all  cases  not  otherwise  provided  for  by 
this  contract,  to  direct  when  and  how  often  fresh  or  salt- 
ed meat  shall  be  issued  by  general  orders,  to  be  promul- 
gated a  reasonable  time  before  the  isssue  is  to  commence ; 
that  in  all  cases  where  salted  provisions  are  issued,  the 
article  of  salt  shall  not  be  recjuired  ;  that  the  contractor 
shall  always  issue  fiour  two  days  in  every  week,  and  the 
option  of  bread  or  Hour  for  the  remainder  ofthcweekbc 
with  the  contractor. 


Third .  Tbnt  RupfOioH  Hlmll  ho  fiirnislird  by  the  said 
FJlMit  AiuKi.soii,  Jim.  iiJH  ln.'iiw,  (jx('(ut«>rH  or  ndrninis- 
tnilor.s,  lit  the  forlilicMl  placoH  mu\  military  powtM,  lliatara 
or  inny  ho  rntablishrd  in  iIk;  Slates  of  Now-York  and 
N(!\v-J(rsf!y  aforfiHaid  upon  the  rcriuiwitioii  of  the  com- 
nii'iidantortli*  arrijy  or  a  post,  in  siicli  (juantitios  a»HhaIl 
not  excci'd  wliat  is  hiillicicnt  for  the  troo]>s  to  bo  there 
jstntioned,  for  the  space  of  tliree  months  in  advance,  in 
jrood  and  whoh;soine  provisions,  ronsistin«jf  of  due  pro- 
portions of  all  the  articles  fonnin«rthe  ration.  And  liio 
taid  KllitMt  Anderson,  Junior,  wIuju  recjuired  by  tlie  Sec- 
retary of  War,  shall,  instead  ol'the  anh^sit  spirits  men- 
tioned, furnish  to  the  troops  of  the  United  Slates,  station- 
ed in  the  harbor  of  N(!W-York,  an  eciinvalent  in  jrood  malt 
lic|uor  or  lii»ht  wines,  at  such  season  oftheyear,as  in  tiie 
opinion  of  the  Tresident  of  the  United  States,  may  be 
necessary  for  the  j)reservation  of  their  health. 

It  is  understood  that  if  tiie  contractor  shall  l)creqfured 
to  depor  it  provisions  at  one  place  or  post  and  shall  after- 
wards be  re<iuired  to  move  thorn,  to  be  delivered  at  anoth- 
er place  or  j)ost,  the  expenses  of  transportation  to  mch 
other  place  or  post  shall  be  borne  by  the  United  Statcjs. 
It  is  also  understood  that  all  supplies  are  to  be  ori^nnally 
delivered  at  the  posts  where  they  may  be  re<piirod,  with- 
out expense  to  the  United  States. 

Firurth.  That  whenever  and  as  often  ns  the  provis- 
ions stipulated  to  be  furnished  under  this  contract,  blmll 
in  the  opinion  of  the  conmianding  oflicer  of  the  post  or 
place,  where  they  arc  offered  to  be  issued,  be  unsound, 
imtit  for  use,  or  of  an  unmerchantable  quality,  a  survey 
shall  be  held  thereon,  by  two  disinterested  persons,  ono 
to  be  chosen  l)y  the  commanding  oiticer,  and  the  other 
by  the  said  Elbert  Anderson,  or  I'm  ^jTont,  and  in 
case  of  disagreement,  a  third  i)erson  to  b-  hosen  by  mu- 
tual consent,  who  shall  have  power  to  condemn  such  part 
of  the  provisions  as  to  them  may  ai)j)ear  unlit  for  use. 
But  if  the  said  Elbert  Anderson,  .Tun.  or  his  agent,  sliall 
fail,  or  neglect  to  appoint  a  person  to  inspect  the  said 
provisions,  after  reasonable  notice  in  writing,  it  shall  be 
permitted  to  the  said  conmianding  officer  to  appoint  such 


X 


i^ 


"Tf^ 


■<flWHWiWnni.»iii]i        '  III  Mill    III  ■miiim      , 


64 

■pf^rsons  as  lie  may  think  proper,  to  inspect  the  provisions, 
I)      '  uiiiler  oath,  with  power  to  condemn,  a«  aforesaid.     And 

all  provisions  condemned  by  sucii  survey  may  be  destroy- 
ed by  the  commanchng  officer. 

Fifth.  Tiiat  tlie  commanding  general,  or  person  ap- 
pointed by  him,  at  each  post  or  place,  incase  ofabfeolute 
failure,  or  deticiency,  in  the  quantity  of  provisions  con- 
tracted' to  be  delivered  and  issued,  shall  have  power  to 
supply  the  deticiency  by  purchase,  at  the  risk  and  on  ac- 
count of  the  said  Elbert  Anderson,  Jun.  his  heirs,  exec- 
utors or  administrators. 

Sixth.  That  all  losses  sustained  by  the  depredations 
of  an  enemy»  or  by  nu.'ans  of  the  troops  of  the  United 
^T.jf«:s,  in  articles  intended  to  compose  rations,  to  be  is- 
sued umler  this  contract,  being  the  property  of  the  con- 
tiaclor,  as  well  as  in  ot  property  necessarily  used  in 
transporting  the  same,  sh.all  be  paid  for  at  the  contract 
price  of  thc° rations,  or  the  component  parts,  and  at  an  ap- 
praised value  of  the  otlior  articles,  on  the  deposition  of 
one  or  more  creditable  characters,  aud  the  certificate  of 
a  commissioned  officer,  when  the  same  can  be  obtained, 
asct^rtaining  the  circumstances  of  the  loss,  and  the  amount 
oi'die  articles  for  which  compensation  is  claimed. 

Seventh.  That  the  escorts  and  guards  for  the  safety 
of  the  provisions,  ai'.d  for  the  protecting  of  the  cattle 
a'^ainst  an  enemy  shall  ^^c  lurnished,  whenever  in  the 
opinion  of  the  commune  ng  othcer  of  the  army,  or  of  any 
post,  to  whom  application  may  be  made,  the  same  can  be 
dune  without  prejudice  to  the  service,  and  that  the  said 
Elbert  P.  ndersoii,  Jiui.  his  heirs,  executors  or  adminis- 
trators s'lall  not  be  answeral  le  for  any  dc'ficicncy  of  sup- 
plies, at  any  of  the  said  [>osts  or  places,  if  it  shall  appear, 
uj^on  satisfactory  proof,  that  such  deficiency  was  occa- 
sioned by  the  want  of  proper  escorts  and  guards. 

Ei'.rhth.  That  at  all  stationary  })osts,  proper  store- 
houses shall  be  provided  on  behalf  of  the  public,  for  the 
reception  and  safe-keeping  of  the  provisions  deposited 
from  tinse  to  tiu'.e,  at  mvh.  posts  respectively  ;  and  the 
eontriictor  siiull  sulVer  no  lo?j;3  for  want  of  such  stores. 


\ 


mnth.     That  the  said   Elbort  Anderson     T        t  • 
Iie.rs,  executors  or   administrators,  .h.U  rcmj;.  i"'     '''' 
their  accounts  to  the  Accountant  of  thnn  ''''  ^''* 

War,  for  settlement,  at  least  once  if  evtry^h?^^^^^^^ 
agreeably  to  such  form  as  by  the  snirl  Z!         ^^'^n^^^S 
be  established  and  made  known  to!        "^"^^""^^^"^  "^'^7 

Tenth.  That  all  such  advance«j  f\i'  m,^«  ^ 
made  to  the  said  Elbert  Ander'on  H^l.nfJ  "'  """^  ''<' 
or  admini^trato,.,  for  and  on  accost  ^ft.r^;^'";" 
be  furnished,  pursuant  to  this  contract  and  nil  ^.'^." 
of  money  as  the  commandin..  officer  of  ,t.„  T  '"''  """"' 
cruits  that  are  or  may  be  wi^h'in  ti  e  Stafe^^h.™"'''  "'■•'■"■ 
ed,  may  cause  to  be'di.  mrsed,  in  onleTto  no"''"''""- 
phes,  in  conseouence  of  any  failure  on  ,,  J  "'■*';"l'- 
said  Elbert  Anderson,  Ju„.  C  ^  ^xecmorr:  nf  •'"' 
istrators  m  comolvii  -^  witli  fl.o  .  "*' .^.^^'"o'^f  or  admin- 

toined,  shall  be  ^5  acc^um ^^ir ",  ^ I''  ^•°"- 
of  set-off  against  the  amount  of  such  ^^„/t-         ^l'^''^ 
•urplus,  if  any,  repaid  to  the  United  Si^,^'"'  ""?•'  "'*' 
after  the  expLtio';  of  ti.e  term  o  'tis  cm;;^^''''.?'^ 
with  an  mtetest  at  the  rate  of  six  per  cen^m  ?  '   ''^'^"""' 
frovt  the  time  of  such  expiratln    uT\^'  •''"•'«'"""'. 
be  actually  repaid.     And  tiatif  a„;  balaice "inll'"'  '''"" 
settlement  of  the  accounts  of  the  JahJ  Elbert  A  ,'  ?"  '"^ 
Jun   h.s  he.rs,  executors  or  administrato  s    he  f   "'"f "' 
be  due  to  h  m  or  them  on  •.,.^n„„7    .-.?    '     ?  ""'"<'  '" 
.haU  be  supplied,  pu^ua^ntr  Ca^i  to^^^^^^^^  -'-•. 
shall  tmmediateh,  be  paid.     And  fl.„,  „         '  '''"  ''"'«« 
or  unnecessary  delay,Cn    he  oart  of  I,"  ""^^^^°""Wo 
United  StatesfshallboiTiven  to?he  sen       "*"":"  "''"'^ 
counts  of  the  said  ElbSr  Anl    on  Juri:"  ?'  -""^  "- 
ecutors  or  administrators.     iSe'd  hLl       T'  *^- 
member  of  Con^i-ress  sh- 1!  /','"?''  '  owever  that  no 

part  of  this  corSort  L^Lnt'Tto  '"  "7  ^'"'^'^  «' 
arise  therefrom.  ''="''^"«=nt.  or  to  any  benefits  to 

^%F^J!^^^.^y^-rcof,  the  said  Scrr.t„.,. ..  ,rr. 
Jur  ana  on  Oe/iaif  of  the  UnitfH  Sit^i^"~' Y  ''\  7^^' 


L 


1 1 


•i  t 


,.1.1,  W|,iy  I  .  iiji.  i>i    'W. -»■ 


66 

i;/ft.rf  J^^mon,  J...-r,  hath  hereto  srt  his  hand 
Veal  the  da.j  and  year pnt  aboce  wntten. 


W.  EUSTIS. 
(Seal  U.  S.) 


ELBERT  ANDERSON,  JUN. 

(L.  B.  E.  A.) 


Signed  scaled,  and  delivered  > 
°    in  the  presevce  cf  > 

DANIEL  PARKER, 
JOHN  J.  ABERT. 

MirTTT^T^FAS    bv  0  certain  agreement  made  on  the 

WHERt^ACJ,  oy  *^  hptween  W.  Eustis,  Se  re- 

7th  day  of  November     8n    between^  ^^^^^  ^^ 

r  Cr  itta^    i^^^^^^^^^^^     the  deposits  of  three 
New-York,  It  was      f     ■  ^  be  reqmred.     Now 

&<=.  r"ti::Seib;  s"'''-  '^-  «''^  ^-  ''"'^'' 

t''«j:,«'"'"?'n:S  Henry  Dearborn,  that  when  issues  are 

4?':)  ^XttttC^":^;-.  be  taken  a,  soon  as 
Ftrst.      i  liat  an  "  ■'       jj    y^h  suiiplios  as  shall 

'i^::^i;i3T;"Xv^tueo.-the  sL  agreement,  and 
'•^f  "r&trv"r;t,fan  betaUen  in  the 

P-^V'l'j:trr4r  iv  n'tlilrX  by  thJsaia  party  ol" 

Ill  i/'^-o^'.O' 

^„.,r..-The  rations  arc  charged  at  tU  money  price  of 
Ike  conlruci,    nd  not  in  land. 


67 

•  shall  be  receipted  for,  a,  in  thi  Lei  r''  ""'^f'''"'  "•*'*'='' 
ing  allowed  however  a  de'lLl/nf,"''!"^  ""','='«•  •>«  de- 
cent as  a  full  allowance  for  wl!,  of  twelve  and  a  half  per 
of  whatever  natuTexcemirr  T^'  ''^^^S"^ ""''  ^amaffe 
occasioned  by  fire  w^l?""^"'"'^  ^""h  'o^sesasmay  be 
the  United  slfel'  '    "  '"""^'  "'  l-^- "'"  '^oops  of 

posts,  in  ra'tions  to  cSL  fofHrv^P:  ''  '"«  --"^ 

of  a  pound  of  pork  ^  ^^'^'  ^^  ^^'^^^  gwarfer^ 

One  gill  of  rum,  'brandy  or  whhkev 

orcS-to  I' pa!Sr&?Lt"-  p-  ^«"  p«^ 

one  cent  for  every  ration  wCrj,^  k  „"•"'  ^"'^''^  ?««• 
recited,  as  a  full  compensMi™  f  f^""  "'""  "^  ^^^^'^ 
pease  in  issuing  the  s^me  '"  "'°"'''*=  ""^  ex- 

and  affixed  his  Seal^  Zd  hT^    "f't  ^*''  "«'»«. 
««oj)e  jm«««.  "'  '**  *'«2'  "'"i  y«<M-  last 

H.  DEARBORN.    (L.  S.  H.  D.) 

ELBERT  ANDERSON. 

^gned  scaled,  and  delinked  )  ^^"  ®'  ^-  ■^•> 

*n  tlie  pregmce  of  i 


68 


War  Department,  Nov.  27,  1812. 


SIR.  ,  fri-'Vi,pr29th,  you  were  informed 

Tn  my  letter  "f^Vf'^^//;;;, [the  contractors  for 
that  arrangements  wouia  be  made  w  ^^^^  _ 

issuin-  the  deposit  of  provisions  «  men  ^^^^,  ^ 

ed  of  them.     Messrs.  Anderson  and  Bycr^  <^  P    ^^^^j^ 
Willingness  to  make  the  issues  ;  ^^^  «»  ^«     A      „. 

i,nd  it  for  thepiMic  interest  ^^  ^^'^Jldtojai  thebknk 
i:ce  toother  agents,  f^f^'^J'^'^-y.  ^ 

a,tached  to  their  contracts  accord^g^y^  ^^.^ 

i  have  the  honor  to  be  very  respectiimy,  j^y^^,jg_ 

"^'S-General  Henry  Dearborn,  Plattsburg. 

By  the  President  of  the  Wed  States  of  Anurica. 
A  piaOCLAMATION. 

WHKKEAS  the  Co^^^l^  |lt  ha'vl 
virtue  of  the  Constituted  Authoutyve.te        ^^^^^^^ 

declared  by  their  AC,  b^»  '"^^'^'^JL  between  the  U- 
of  the  present  mon'h,  that  w  A  ^^^^^^^^   ^^^  ^^^ 

nited  Kingdom  of  <^f^^*  reunited  States  of  America 
Dependencies  t^iereof  .^'-^^^;,,„y,„,  I  JAMES 
and  their   T^^^^^^^^^'fthp  United  States  of  America, 

MADISON,  Pf  «"'<'"*  Imne  to  all  whom  it  may  con- 
do  hereby  proclaim  *«  J""""  ;°  ^„  ^sons  holding 
cern  :  And  I  do  specially  «'Vl«'n  °"  T J^it„  of  the  Unit- 
Offices,  Civil  or  Mil-tary,  ""de  *e  =iu^^^^^^^^^^  j„  ji,„,,„g. 
ed  Slates,  that  they  be  v>g"«nt  «^^  \,,g,,t; .  And  I  do 
ing  the  duties  respectively  '"^f  »^^^',  .f  tUe  United 
moreover    exhort   »'    "    in?rv  •  as  theyvalue  the  pre- 

States,  as  they  ove  "'«>^  — ^.l^f^Vand  valor  of  their 
cious  heritage  derived  f.om  the  viu  ^^^^^^  ^^ 


12. 

rmed 
irs  for 
squir- 
sed  a 
hould 
)refcr' 
blank 

ur  ob't 

ns. 


mca. 


ates,  by 
m,  have 
nth  day 
1  the  U- 
aiid  the 
America 
JAMES 
Vmerica, 
nay  con- 
5  holding 
the  Unit  • 
discharg- 
Vnd  I  do 
e   United 
e  the  pre- 
X  of  their 
forced  on 
I  they  con- 
ne  Provi- 
xertthem- 


i 

I 


selves  in  preserving  order,  in  promoting  concord,  ia 
maintaining  tiic  authority  and  the  eliicac>  of  the  laws, 
and  in  supporting  and  invigorating  all  the  measures  winch 
may  be  adopted  by  the  Constituted  Authorities,  ior  ob- 
tainmg  a  speedy,  a  just,  and  an  honorable  peace. 

//*  testimony  whereof^  I  have  hereunto  set 
SEAL,     my  hand,  and  caused  the  seal  of  the  U.  tttates 
to  be  affixed  to  these  presents. 

Done  at  the  City  of  Washington,  the  nine- 
teenth day  of  June,  one  thousand  eight  hun- 
dred and  twelve,  and  of  the  Independence  of 
the  United  States  the  thirty  sixth. 


(Signed) 
By  the  President. 
(Signed) 


JAMES  MADISON. 

JAMES  MUNROE^^ 

Secretary  of  State. 

(circular.) 

New- York  J  June  24,  1812. 


Sir- 
In  addition  to  my  Circular  of  the  20th  May,  (a 
duplicate  of  which  you  will  find  inserted  below)  I  now 
enclose  you  the  President's  Proclamation,  announcing  a 
Declaration  of  War  against  Great  Britain  and  her  De- 
pendencies. At  this  important  epoch  in  the  history  of 
our  country,  it  becomes  me  in  my  official  capacity  to  call 
yoiir  attention  to  the  duties  assigned  to  you  respectively, 
as  Agents  or  Sub-Contractors  for  the  supply  and  issue  of 
rations  to  the  Troops  of  the  United  States 

Your  principal  has  contracted  with  the  govern- 
ment to  supply  all  rations  that  may  be  required  in  the 
States  of  New- York  and  New- Jersey,  containing  a  mari- 
time frontier  extending  from  the  Eastern  extremity  of 
Long-Island  to  the  Capes  of  the  Delaware,  and  of  a 
Northern  inland  frontier  from  Niagara  to  the  outlet  of 


.«>^|lMM 


.i-..ii-rnrini'-f  I    i%ir-ir> 


■•■ir^iipipMMi" 


70 

Lake  Champlain.     You  must  at  one  view  perceive  the 
S(.at  of  war  your  country  is  justly  and  necessarily  en  craved 
in,  and  your  united  exertions  are  of  the  utmost  impoitance 
HI  the  contest  for  our  rights  as  an  independent  nation, 
you  are  associated  with  your  principal  in  the  share  of 
censure,  if  censure  is  due,  and  you  are  to  partake  with 
Jiaa  in  the  applause  that  your  countrymen  may  be  dispo- 
sed to  give  your  honest  exertions.     For  the  want  of  ac- 
tivity and  mdustry  in  the  general  and  subordinate  con- 
cerns of  tills  department,  disasters  may  occur  that  misht 
other  wue  have  been  avoided,  if  the  proper  steps  required 
oj  youhad  been  takenin  time.     You  have  previously  been 
instructed  to  look  to  the  resources  of  your  district,  and  to 
intorin  me,  at  proper  intervals,  what  reliance  can  be  pla- 
ced on  your  district,  county  or  town,  for  supplies  that 
may  be  re(]Uired.     This  necessary  information  will  ena- 
ble me  to  communicate  with  the  Commanding  General, 
and  state  to  him  where  and  how  supplies  may  be  had  with 
the  least  inconvenience  to  the  public  service.     By  pos- 
sessing this  information,  it  will  give  me  time  to  meetary 
scarcity  m  your  district,  by   transporting  supplies  from 
other  places  or  either  of  the  deposits. 

You  have  likewise  been  instructed  not  to  offer  or 
issue  any  Provision  that  should  appear  unsound,  or  of  an 
unmerchantable  quality.     For   this  purpose   it   will  be 
necessary  for  you  to  be  extremely  vigilant,  frequently  ex- 
amming  the  state  of  your  issues,  and  take  especial  care 
tiiat  your  fealt  Provisions  at  this  season  of  the  year   has 
Its  proper  quantity  of  salt,  and  each  barrel  full  of  o-ood 
pickle.     Our  country  is  blessed  with  plenty  ofwholewme 
pod;  and  as  the  health  and  vigor  of  the  Army  depend 
iij  a  great  measure  on  a  strict  and  faithful  fulfilment  of 
your  duties,  you  are  seriously  to  reflect  if,  at  this  crisis, 
yi)ur  talents  and  resources  are  fitted  for  the  station  you 
now  hold  ;  and  should  you  conclude  to  decline  this  Agen- 
cy, you  will  immediately  inform  me,  so  that  other  arrange- 
ments may  be  made  in  season. 

.^«:  '"  addition  to  the  just  and  proper  scrutiny  of  the 
Olhcprs  ot  the  Army,  the  eyes  of  the  public  will  be  con- 
tmuuiiy  upon  you;  and  wlthuut  the 'greatest  prudenee 


)ive  the 
^n  gained 
•ortance 
nation, 
hare  of 
ke  with 
!  dispo- 
t  ofac- 
te  con- 
i  might 
squired 
\y  been 
,  and  to 
be  pla- 
3s  that 
ill  ena- 
eneral, 
id  with 
y  pos- 
set apj 
3  from 

iffer  or 
r  of  an 
vill  be 
tly  ex- 
1  care 
r   has 
'  good 
Resume 
epend 
3nt  of 
crisis, 
n  you 
Vgen- 
ange- 

)fthe 

lenee 


71 

and  discretion  on  your  part,  your  station  at  this  time  will 
excite  the  envy  of  some  and  the  jealou.sy  of  others.  You 
are  not  now  to  learn,  that  men  are  as  different  in  their 
sentiments  and  opinions  as  in  their  countenances  and 
numbers ;  consequently  you  may  expect  that  your  best 
exertions  will  noi  always  be  rrwarded,  and  that  univer- 
sal satisfaction  is  not  to  be  expected — but  this  will  not 
deter  you  irom  doing  your  duty.  You  will  listen  to  ob- 
jections against  your  Provisions  with  patience,  and  in- 
vestigate any  complaints  with  temper  and  moderation; 
at  the  same  time  you  will  maintain  your  own  rights,  and 
the  just  rights  of  your  principal,  with  dignity  aiid  firm- 
ness. Go  straightforward  in  the  path  of  your  duty,  and 
you  vvill  sooner  or  later  obtain  the  good  opinion  of  the 
Oilicers,  the  love  and  respect  of  the  Soldiers,  and  what  is 
more,  the  aj>probation  of  your  own  conscience. 

You  will  have  the  enclosed  instructions  mac^e 
known  to  those  who  supply  Recruiting  Rendezvous  in 
your  district ;  and  it  will  be  proper  at  this  time  to  give 
publicity  to  that  article  of  the  contract  which  regulates 
the  condemnation  of  unmerchantable  Provisions. 

The  Contractor  requires  all  Agents  and  Sub-Con- 
traciors  to  issue,  on  the  4th  of  July  next,  one  gill  of 
Whiskey  to  each  man  in  his  district,  and  one  bushel  of 
Peas  or  Beans  to  every  sixty  men,  or  an  equivalent  in 
other  vegetables,  being  extra  from  their  allowance  by 
law,  which  issue  will  be  charged  to  me  when  you  trans- 
mit your  next  account,  separately  from  the  abstract. 

(copv.) 

Article  Fourth  of  Contract  for  the  Supply  and  Issue  of 
Rations,  dated  1th  day  of  November ,  1811,  commen- 
cing  the  1st  of  June,  1812,  ending  Slst  of  May,  1813. 

"  That  whenever  and  as  often  as  the  Provisions 
stipulateil  to  be  furnished  under  this  contract,  shall,  in 
the  opinion  of  the  Commanding  Officer  of  the  post  or 
I'.i,.  v.-  rrti'.!^  i"^j   "•i«-  viiriicu  lu  ue  iBsucu,  uu  uijsouna. 


it 


<( 


uiihtior  use,  or  of  an  unmerchantable  quality,  a  survey 


;/x 


:1 


n 


!SV 


4  ** 


«'  shall  be  hold  thoroon  by  two   ilisintnrrstc.l  persons, 
«'  one  to  be  chosen  by  the  Commanding  Ollicor,  i!m-  ..iiier 
''  bvthe  said  Elbert  Andkrson,  Jun.  or  his  A;-^eiit,  and 
*«  in  case  of  disaj^reement,  a  third  person  to  be  choseii  by 
*'  mutual  consent,  who  shall  have  power  to  conden.n  s.ich 
"  part  of  the  Provisions  as  to  them  may  appear  unlit   or 
"use-  but  if  the  said  Elukri   Am)i:uson,  Jun.   or   ins 
"  A-rtMit,  shall  fail  or  ne^dect  to   appoint  a   person  to  in- 
«'  s.rrct  the  said  Provisions,  after  reasonable  notice  m 
writinLr,  it  shall  be  permitted  to  the  said  Commanding 
Ollicer  to  appoint  such  persons  as  he  may  t  unk  pro|u.r 
to  insoect  the  Provisions,  under  oath,  with  power  lo 
..  (M„idenin  as  aforesaid  ;  and  all  Prormom  condcm.  rd 
-  6//  such  surccij,  may  he  destroyed  by  the  Commandu.s 

"  ^  •^"'*'"  ELBERT  ANDERSON,  Jr. 

Army  Contractor* 


r 


m 


New-  York,  May  20,  1 8 1 2, 
Annexed  you  have  the  arrnnoements  now  in  ex- 
istence for  the  supply  and  issue  of  rations  to  the  1  roops 
oi'  iU  United  States.  When  Troops  move  out  ot  youi 
district,  either  to  recruit  or  on  a  march,  you  wdl  be  pleas- 
ed to  forward  notice  of  such  movement  immediately  to 
the  Aoent  in  the  district  they  move  to,  likewise  a  dupli- 
cate ot*  such  notice  will  be  transmitttul  to  me.  It  is  ex- 
pected the  Commanding  Officers  will  give  notice  m   he 

irst  instance,  and  state  the  '' ""»"b^';,«^  ^^^^^f,  ^' ^^^^^^ 
iiished  on  the  march  or  at  a  station."     By  this  n^eans 
ope    and  timely  supplies  will  be  furnished  to  meet  any 
ludHcn  moven  Jn,  oV  Troops.     Agents  of  d-mc^s  -d 
distribute  blank   abstract  terms  to  the  Recrumng  Ren 
dezvous  within  their  limits,  and  they  will  considei  them- 
selves accountable  that  the  blanks  in  the  abstract  are  fil  ed 
ui)  aorecably  to  the  original  returns,  and  signed  by  ti.e 
(Commanding  Ollicer.   ^The  dates  ought  to  correspond 
^vlth  the  number  of  days  inclusive,  and  the  days  with  the 
number  of  men,  and  the  column  of  remarks  nmst  s.a.. 
to  whom  issued,  (to  Troops  under  the  command  ot,  ^c) 


»«4h 


73 

(to  Recnilfs,  ,tfi.)  (to  Militia,  &c.)     Tl.o  toml  nnmlmr^f 

eor„(>c„.,M„  r.,ot  of  .1,0  nl.strnct.     l)„pli    "S  „b  L  ," 
f>  o  „  tho  bosmning  to  the  cn,l  of  onch  m,  nth  arc  rcn,  rod^ 

e;t;;i,'omh:"""'"'""'  '""•""""^ '"  ■""  "^  "-"^"  'f 

sunnl.>s%ml'?r  "  ';"'  M  ^^'""'''  '^'=-  "'"'^  district  of 
su|){)jies  and  pluce  of  residoncc  1 

ELBERT  ANDERSON,  Jr. 

Arimj  Contractor. 

Washington,  Dec.  28,  1812. 

Tlie  Honorsible  Secretary  of  War 
SIR, 

In  behalf  of  myself  anrl  associates,  I  will  simvlv 
an  rations  that  may  be  required  for  the  tro^p  of  t^  I ^ 
fetate^,  marched,  stationed  or  recruited  within  the  (itv 

S  ff  w  "i^T^^i "?  'r^"^-»''  ^--  tire  '^ 

•J-  .  o  o 

Liquor  3  5 

Small  parts  l 

Bread  or  Flour        4  g 


In  all  other  parts  of  the  State  of  New- York    incliidlf 

pLwT?  ''Ti  ".[^^  ^^  ^'^-  '^'-^^^^  ont^:^. 

plain,  at  17  cents  5  mills,  to  wit ;  v>««iii 

Meat  5  g 

Liquor  3  5 

Small  parts  1 

Bread  or  Flour  7  5 


n^i^f  J!:i„^?f  of  Novv-Jc-soy,  16  cents  2  and  an  'half 
If  tl,e  troops  of  the  United  States  should  enter  the 


}n 


^a. 


n 


\f 


74 

Canadas  at  any  time  prcviotis  to  tbr  31st  of  May,  imi, 
this  proposiul  will  oinljrace  all  supplies  that  nmy  be  re- 
quired in  the  enemy's  country,  tVom  Fort  George  along 
the  whores  of  Lake  Ontario  and  the  river  St.  Lawrence, 
until  it  intersects  the  out-let  of  Lake  Champlain. 

'l!  j  ^  rice  of  the  rations  to  he  augmented  in  propo"* 
tiovi  (u  liie  difliculty  and  expense  of  transporting  in  the 
enemy's  country,  with  a  reserve  on  the  part  of  the  United 
States  to  reduce  the;  component  part  of  the  bread  ration, 
to  bear  a  proportionate  value  to  the  other  parts  of  the 
ration,  when  the  price  of  bread-stutf  shall,  in  the  opinion 
of  the  Honorable  Secretary  at  War,  justify  such  altera- 
tion or  reduction. 

The  Honorable  Secretary  at  War  wi'l  perceive  that, 
the  price  of  the  comj)onent  parts  of  the  ration  are  the 
same  as  the  present  contract,  the  bread  or  flour  except- 
ed :  And  that  the  price  of  this  article  is  not  in  i)ro{)ortion 
to  its  increased  value  and  alarming  scarcity  of  bread  on 
the  northern  frontier. 

When  the  price  of  the  bread  ration  is  4  cents  8  mills, 
the  value  of  flour  is  at  the  ratio  of  $8  35  per  barrel,  when 
the  flour  ration  is  estimated  at  G  cents  2  1-2  mills. — Note, 
The  value  of  Flour  is  only  10  dollars  87  1-2  cents  per 
barrel. 

It  is  believed  that  all  the  other  component  parts  of  the 
rations  are  estimated  as  low  as  possible  :  The  article  of 
liquor  bearing  the  highest  proportion,  being  subject  to 
great  leakage  and  wastage  ;  and  in  consequence  of  the 
partial  importations  of  foreign  spirits,  and  the  very  high 
price  of  grain  in  our  own  country,  there  must  be  an  inev- 
itable rise  take  place  in  the  value  of  home  distilled  spirits. 

The  aforesaid  projjosjd  is  made  without  reference  or 
regard  to  any  oi)position  bid,  but  from  a  perfect  know- 
ledL'c  of  the  intrinsic  value  of  the  articles  contracted  to 
be  delivered  and  issued,  and  the  difliculty  of  obtaining 
bread-stuif  and  liquor,  without  transporting  from  south- 
ern Atlantic  ports,  early  in  the  spring,  to  places  contigu- 


-J. 


v:i4,v-i-i,«..i..,^=...- 


imv  \)ii  re- 
iv^e  along 
Lawrence, 
tin. 


Ill  propo  • 
in^  in  the 
the  United 
?.id  ration, 
irts  of  the 
he  opinion 
jch  altera- 


75 

ouB  to  the  Northern  Frontier.     All  nf  «,k-  u  •    , 
•ubmitted  by  •^"  ^^  ^n»«H  m  humblf 

Your  ob't  servant, 

ELBERT  ANDERSON,  Jr 

^oLZci^^^^^^  the  Hudson 

tion  on  Flour.  ^  ^^  '"^  ^  ^^"'  ^  1-2  mills  per  ra- 

l>epartmmt  of  War,  Aug.  IQ,  J82a.      ^'  "^^  ^^^- 


ccive  that, 
on  are  the 
ur  except- 
])ro{)ortion 
)f  bread  on 

Its  8  mills, 
rrel,  when 
Is. — Note, 
I  cents  per 

arts  of  the 
!  article  of 
subject  to 
ince  of  the 
3  very  high 
le  an  inev- 
led  spirits, 
ference  or 
feet  know- 
itracted  to 
'  obtaining 
rom  south- 
es  contigu- 


-0 


W' 


^k- 


I        \ 


k 


i 


lil 


Winhin^tom ,  January  2,  1813. 
MR, — Tn  compliance  with  a  request  of  the  Ilononiblc 
Sw-retary  at  IV  ar,  \  now  have  tlie  lionor  to  annex  n  ntate- 
nient  oi  the  probable  value  of  a  ration  within  the  District 
of  New-York,  and  its  northern  and  western  frontier. 


Artielci  rrtmpoiiiif  tlir 


Primt  Beef 
«♦      Pork 

Flour 


Liquor  pr  gallon 

SMALL    FART*. 

4lb».  sonpa  lOti 
1  I  lbs.  Cjindles 
1  gallon  Vint'^ai 
Salt  Hverfige  pr  q, 


pncu  at 
N.  ynrk 
per  tmi- 


No.  of 
rations 
in  CRCh 
bbl.  tie 


^*  00 
1450 
1150 
a 

12  00 
64 


40 

24 
18 

2iJ 


160 


tnliie    to 
(bu  barrel 


Eta 


(A 
g 


8    80 


S       " 

>  ^ 


266^1  5  5    14  6i>t\, 
174i    6  71U    75 


32 


3    A 


84  5 


c  =: 
5  5 


6  7-; 


64 


Gen.  expense   of  issue  5  pr  cent 

Transportation  as  per  weight 
of  a  ralion 


Weight  of  packa- 
geb  cumpoiied  of 
barels,  casks  and 
boxes. 


IB 


91 

a 


lb  ozjib  ozoz  jo 7, Total  weight 
1       11     21  4121  of  a    ration 

lb   oz. 

2     8^ 


4J2jof  a 


aver.  '33\  of  the  whole      13 


3  5; 


REMARKS. 


A  Inwof  7   13  p^reeot 
ID  Uiueiuji  beef  in  Uetuil. 


A  gain  in  makinE  hread 
Iwbare  ve  bave  Oven',  ind 
pultnhle   Hakera  of  10  to  13 

'  l-l'per  cent 

^  lo«n  on  liqiinr  in  iMk- 
ri(t  i«aHtag«  of  10  to  IS 
r  cent. 


15   1 


71 


3      1 

18  9^ 


( i-a  1-.. 


r  The  (aln  to  be  obtained 
1  in  the  current  ip«ii«,  ia 
I  mad*  in  the  purehanc  of  a 
1  lar^p  s'orli  of  provisions 
;  ami  in  teasoni  and  periocils 
(  nbeo  thu  market  is  loweit 


TranRportatlon  and  RISK 
tc  I'latfslnireh.  OinPKO, 
Niajara  and  Ojiletuburj 
by  water  from  places  cnn- 
tiEuous  for  a  [.pnnanent 
dependence  of  articles  com- 
posing the  ration«— valued 
at  one  dolar  per  hundred 
pouodn  Rt. 


PER  RATIOIT. 


Errors  Excepted 

All  of  which  is  respectfully  submitted  by  your  obedi- 
ent servant,  E.  ANDERSON,  ' 

Hon    Wpf'rv  r»f*  A^Qi.     AA7aol>i<i.^t^n 
*  This  letter  and  the  suhsfqnt-nt  <'u««  of  o  n   inst.  were  written 
Quest  of  Hon.  Jamos  Monroe,  tu  be  ia.'ti  beiorc  the  Ptesident. 


J  UN. 


•y  2, 1813. 
e  Ilononibic 
mex  n  Htat«;- 
n  the  District 
rentier. 

ItEMARKS. 


eiuK  beef  in  detuil. 


(tin  In  mikinE  hreid 
le  ne  liavc  Oven..  v\<\ 
ihle  Hakera  of  10  to  13 

ercent 

loss  on  liquor  in  lealt- 
siKt  ivBHtage  of  10  to  tS 
(.or  cent. 


be  (sin  to  be  obtained 
the  current  ip«ini,  is 
)•  in  ilie  purehaiie  of  a 
■p  stork  of  provisions 
in  iieasoni  and  |ierioda 
io  ttiti  marliel  is  loweit 


ransportjtlonanflRTSK 
I  latlsl)Hr)rii.  OiKBgo, 
F«ra  and  Ouilenihurj 
water  from  places  con- 
nus,  for  t  [<(*rinanent 
tndenre  of  articles  com- 
DK  the  rations— valued 
ne  dolar  per  tiuudred 
id«  wt. 


'ER  RATION. 


^^our  obedi- 

)N,   J UN. 

written  by  re- 
t. 


I 
prit 


77 

EXPOSE, 

f,l""?f/  V"  ""'"".  '^"'"^'"^  "f  ^or,  and  Seere. 
Ury  of  tlie  1  rcmury,  by  re,pusl  of  Homrable  Janu* 

gj,.  Washington,  Jan.  6,  n\% 

I  have  mafuroly  considered  the  subject  that  occu- 

r  conversation  yesterday,  as  it  respects  u  UrlmiU 

■>t  tlie  rations  that  may  be  recpiired  below  thi  con. 

V   .,      'ft"  "'T  ^"""^  y '""  "'"  i^'-  Lawrence  :  and 

v,a.  ...th.lence  and  respect  I  now liave  tlie  honor  to  Mats 
my  views  on  tins  iin]>ortant  subject. 

1  have  before  slated,  and  I  believe  it  is  fully  under- 
wood by  the  Government,  that  it  is  one  of  the  first  and 
essential  reti-.isues  ot  a  well-regulated  compaign,  to  hava 
suitable  Magazines  at  convenient  places  "  (br^he  receu- 
tion  and  safe-keeping  of  provisions  that  shall  be  depog- 
ited  from  tune  to  time."  Those  magazines  should  be 
remote  from  the  depredations  of  the  enemy,  yet  be  local! 
ly  situated,  in  j.laces  best  calculated  for  the  accommoda- 
tion of  the  resources  of  the  surrounding  country,  whilst 
a  he  same  time,  they  should  possess  the  advantages  of 
water  communication  to  such  points  as  the  army  may 
coacentiate.  The  a.^ount  of  provision  to  be  placed  in 
deposit,  must  be  regulated  t,y  the  proportionate  number 

0  the  army,  the  duration  of  service,  and  the  loca  sup! 
pl.es  that  may  be  relied  on  within  the  enemy's  country 
If  he  number  of  men  to  be  victualed  is  ascertained,  yet  ii 
wUl  bkew.se  be  ot  .mportance  to  the  person  holding  him- 
self responsible  tor  the  supply,  that  he  should  be  wtll  nc- 
qua.i|tedw.th  the  water  and  la.,d  communications  throu4 
winch  the  troops  may  pass,  so  as  to  estimate  with  precfa- 

kmt',  ifnl"  ■  ""  ■■«":"«  ."'"t.^oy  he  required  ;  besides 
It  must  be  obv.ous  to  all,  that  the  train  of  Horses  and  the 

w.11  naturally  .ncrease  the  demand  and  price  of  bread- 

1  «haU  1'/°"'  r '"'' '["''  "'.'""  ""^  o^mpelled  to  march. 
I  shaU  not  eo  at  length  m  the  examination  of  what  r»- 


i 


I// 


wm 


■i'  \* 


i 


* 
ioufees  of  bread-stuff  can  be  relied  on  at  places  contigu- 
ous to  the  probable  seat  of  War,  because  it  might  be 
considered  as  the  exaggerations  of  one  who  is  interested 
in  the  picture  that  he  should  draw,  of  the  wants  of  a 
.  country,  generally  overflowing  with  corn,  but  now  by  the 
visitations  of  Providence,*  reduced  to  a  bare  and  scanty 
supply  for  the  subsistence  of  its  own  inhabitants  :  But  it 
wiH  be  of  great  importance  to  state  that,  admitting  the 
next  ensuing  crop  should  be  productive  and  abundant, 
yet  the  late  period  it  is  collected,  the  early  setting  in  of 
the  frost,   and  the  difficulty  of  transporting  by  land  to 
•uitable  mills,  are  insurmountable  obstacles,  to  its  coming 
in  aid  of  the  next  campaign. 

But  if  any  reliance  should  still  be  plpced  on  the  con- 
tingency of  the  next  harvest— what  will  it  avail,  if  the 
troops  of  the  United  States  should  have  moved  in  ad- 
vance, and  should  have  actually  entered  the  enemy's 
country.     In  the  months  of  October  and  November  the 
roads  on  the  frontiers  are  impassable,!  and  the  difficul- 
ty of  transportation  is  increased  by  the  early  impediments 
of  ice  m  the  navigable  waters.     And  if  the  army  should 
make  a  rapid  movement  near  the  vicinity  of  the  Capital 
of  Lower  Canada,  those  hazards  and  difficulties  increase 
in  the  ratio  of  distance  from  our  own  Frontier,  without  a 
competent  and  ample  magazine  is  laid  up  in  the  rear.— 
Should  a  military  position  be  taken  on  the  river  St.  Law- 
rence whilst  the  waters  are  open,  and  a  due  proportion 
of  the  iccessary  supplies  of  four  and  liquors  be  drawn 
from  the  sea-board  in  season  to  be  trausported  to  the 
waters  of  Lake  Champlain— then,  and  then  only,  can  the 
Gorernment  safely  rely  on  the  subsistence  of  her  army 
even  should  they  advance  to  the  investment  of  the  For- 
tress of  Quebec,  by  a  winter  siege.     If  a  general  maga- 
zme  should  be  established  at  Montreal,  which  would  be 
the  point  of  conceiitration  for  all  minor  stores,  on  Lake 
Ontario  ana  Champlain,  then  the  transportation  to  a  point 

*  The  crops  of  Wheat  io  the  Nonhern  aad  Western  froutkrof  New. 
York,  as  .8 jell  kuoivn,  failed  aud  was  damaged  hy  the  wet  season  oflSl?. 

tOenRanptoo  could  not  come  to  Gen.  Wilkinson  ai  French  Mi  Ha 
With  supplies  ID  Now,  1813,  only  on  pack  horses-^'  Failure  campaigr.  J  8 1 3.' 


79 

.  e  waters  of  the  St.  W^nce  afe'doH  0^ 'T'""^  ^^ 
time  superiority  or  the  natural  obstn,ot^f„  e  "  ^^  '""""a- 
ence  of  transportation  by  carri^  ^ S  t^,'','''-Jiff:er- 

8  mfavorof  the  water  communication  H  ?  •  *'  "*  ^to 
aspcedy  anclcertain  transpona  .n,  Tn  h.  '  ^V°''"^"io 
wquires  a  military  povver  and  H^n  ■''''''''''"^'''^"""''•v 
the  civil  arrangem'en'Js  of  ill tnC-r"!' "'  '"'^""^ 
civil  contract  would  always  b^  V.^ul,  *~P'""^"''''  H'" 
appointment-and  CTlMh^n  1  !'°  "•'•<"""»  '•"'<I di«- 
previously  seized  all  he  means  of  ^  Power  would  have 
own  purpose.  Thufto "^re  a  d2r"-'°"  ''«'•««• 
ration  below  Montreal,  w dldenen,  „P'"'^  '"'"•  ""•• 

men  to  be  supplied.     Tl  e  "moumnf       "r  ""^'^'^^  °f 
be  obtained  lif  places  conti~'„  tl^^''"^  •''•''''"^y 

shall  be  secured  on  the  sea-board  before  '  *,''*  "'"'^ 

enhanced  by  the  doman.l  abro   I  or  t  ,n  !       P'""  '''""  ^° 
the  value  of  transpcrtat  on  n  ul^  !'  ,  T"^  "^  '">'"«: 

Pend  on  the  «.««JofLL«'«»'^ ->''-"'"'''''  ''"■ 
«<«<,».     The  first,  it'lZlT,'  '"fj"T".  "-^  tramport- 

mont  to  a«certai:;,'arrt'  ^'mtl'"  ;•  r '"^''^•''••'- 
wcrease  or  diminish  the  pronortTnn  AV  ,'  *""""y  '^''1 
oppose  theu.  The  last  Cst  rest  o^f  1'"'  '''^""•"'  '<> 
eies,  that  no  human  foresigl  LTcon  '  I  ™,'"'"=''"- 
considerations  I  conlH  n„,         ■    ''"""^O'-     Under  such 

Wscdf-that  c^nfid      e  a„d  tZ!":^;''''.''*''  ^'"'-^ ' --    ' 
the  property  of  my  friends    nn  1^?.  ^'""""■■*^'  "'="  are 
I  profess  for  my  co untry  'l "c^^  ii  i,  '"'".""f  '«"«^a'io„    . 
hazard  the  vital  in.erest^of.e  ctl  or  *";  v  ^  "=  °'"''  ""J 
responsibility  so  frauo-ht  will,  iiiffi      '•  ^  ""i'<^«a!iiiiff  a 
events.     I  iLe  the  e    re  t^  ~"7'''^  ""'"^^-cn 
having  a  special  orgamzcd  ZpllZ        f"'"'"'''"'^  «'' 
^-l^^the  public  provision  ^^^^3^^^^^^^^ 


I// 


li 


f         1! 


( 


'h 


^ 


80 

enemy's  country,  tlie  contractor  to  provide  store-houses, 
anci  to  trani^i'cr  tiie  provision  depot^ited,  to  the  othccr  hav- 
'iu<y  charge  ol'  tlic  trans[u)rtation  ;  obtaining  hm  receipt 
as  a  vouciier  ;  tlie  provision  to  be  again  delivered  to  tiio 
contractor's  agent  at  such  place  or  j)lace«  as  the  issue 
may  be  re(]iiired  ;  under  this,  or  a  simih^r  arrangement, 
I  would  extend  llie  sui)ply  at  any  place  below  the  Sorrel, 
or  the  interior,  at  the  prices  named  in  my  proposal,  with 
such  allowance  for  leakage  and  wastage  and  expense  of 

issue,  as  shall  be  commensurate  to  its  actual  value. 

This  value  is  now  lixed  by  the  Blanks  attached  to  the 
contracts.  The  only  condition  1  shall  ask,  will  be,  to 
possess  correct  iitformatiou  as  to  the  required  supplies 
for  the  next  Campaliin,  and  funds  to  obtain  the  means 
of  its  execution  as  early  as  possible. 

1  have  the  honor  to  remain  your  ob't  servant, 

E.  AiMiEUSUN,  JuR. 
The  Hon.  James  Munroe,  Sec'ry  of  War. 

NciD'York,  January  20,  1813. 
Hon.  James  Munroe, 

Sir — I  am  under  the  necessity  to  inform  you,  that 
the  verbal  information  that  I  had  the  honor  to  give  you 
in  my  last  interview  is  more  than  verified  as  to  the  new 
and  unexpected  rise  in  salt  meat.  It  now  appears  that 
the  principal  part  of  beef  and  pork  has  not  only  been  pur- 
chased up  in  the  market,  but  that  the  purchasers  have 
been  in  tlie  interior  of  this  state  and  New-Jersey,  and  have 
obtained  all  that  was  to  be  disposed  of.  Prime  pork  has 
l)een  sold  at  ^\^  to  16  per  barrel ;  my  maximum  14. 
(iO-lUO  per  barrel,  as  per  statement.  Prime  beef  has 
been  sold  at  $12,  my  mitxiinum  is  $8.  80-1 UO.  Under 
those  circumstances  it  (;ertainly  could  not  be  expected  that 
1  should  hold  myselt  bound  by  my  bid  on  the  28th  Dec. 
when  the  Government  has  not  thought  proper  to  close 
with  my  otl'er. 

To  avoid  any  misunderstanding  on  this  subject,  I  now 
iluu'cfore,  amcoinpeiied  to  state  that  it  would  not  be  ad- 


"f!»*%. 


tore-houses, 
;  otiicer  iiav- 
iiis  receipt 
verud  to  tiie 
as  the  issu€5 
rrungemunt, 
V  the  Sorrel, 
oposal,  with 
I  expense  of 

1  value. 

Lchecl  to  the 
i,  will  be,  to 
•red  sujjplies 
it  the  means 

ant, 
ON,  JuR. 


r20,  1813. 

>rm  you,  that 
•  to  give  you 
B  to  the  new 
appears  that 
aly  been  pur- 
ehasers  have 
sey,  and  have 
ime  pork  has 
naximum  14. 
me  beef  has 
lUO.  Under 
expected  that 
lie  28th  Dec. 
oper  to  close 

ubject,  I  now 
Id  not  be  ad- 


81 


rnment 


viseable  for  the  Government  to  make  the  contract 

pnce  named  in  the  bid.     If  they  wish  securky  rnd"'  clu^ 

execution  of  the  engagemetit  of  this  public  and    mr  or 

tant  muure  but  still  I  shall,  ifimmerlAtd^  ^STm 

myself  bound  to  make  the  contract  for  the  interior  of  te 

s^  e  .tnd  no^  ''^^i^^  of  Or^ 

no  and  M.  Lawrence,  and  agreeable  to  my  oMcial  hffZ. 

on  that  subject  at  the  price  there  named/  flTj'lZ 

he  rations  must  be  advanced  for  New-York  and  Green 

bush,  to  meet  tiie  increased  value  of  salt  L  u   w^    ?  t" 

presume  would  be  low  at  15  1 -2  ce^L  SlVZ's."'"'  ' 

1  nave  the  honor  to  be 

With  sentiments  of  respect, 
Your  obedient  servant,' 

ELliERT  A  NJDERSON,  Jun. 


War  Department,  Fchruari/S,  1813. 


Sir— 

wahiad.stateo/New-YoKdtjt;   ,   'v^^^ 

nvc  given  tl,e  preference  to  your'.s.     It  wouh   bTl'Jl 
tlierelore  t  mtyou  should  reu.iir  to  iM  .   ,i  ^"" 

aa possible,  thLtl.e^oulIact'm^^"'' clit'j!  "'  P™"'^^"^ 

I  am,  (fcc. 

E.  Anderson,  Jan.  Esq.  N.  Yorf  ™  AnMSTKONG. 


«.„  .rvofwarsmd,thePresi(leniina  ^ei  <(avs  win  '^e  a.t.ng 

Se.iaiu  a  secretary  o  vrar,  and  the  .ignatur.ol  rhe    L    v  "T"^'''  '"  '"* 
g.v.n  to  the  contract.      After  the  LuZior    e uu-  h]  ^^'n"^'  T"  '  ?" 

ve   mem,  yet  on  his  ..rnval  in  W»  t,:  '*  ^^  pve  thts  notice  to  tiie  go- 


\/A, 


I 


11  • 


\\  I 


l\ 


m 


k 


%> 


! 


I.-I 


82 

ARTICLES  OF  AGREEMENT,  made  on  the  Tvven^ 
ty-Fifth  clay  of'Fobriiary,  Anno  Domini,  One  Thousand 
Eight,  Hundred  and  Thirteen,  between  Jolin  Armstrong, 
Secretary  for  the  Department  of  War  of  the  United- 
States  of  America,  of  the  one  part,  and  Elbert  Anderson, 
Junior,  of  the  City  of  New- York,  of  the  other  part. 

This  agreement  witnesseth,  that  the  said  John  Arm* 
strong,  for  and  on  behalf  of  the  United  States  of  America, 
and  tlie  said  Elbert  Anderson,  Jun.  his  heirs,  executors 
and  administrators,  have  mutually  covenanted  and  agreed, 
and  by  these  presents  do  mutually  coveneyit  and  agree  to 
and  with  each  other,  as  follows,  viz  : — 

i^/r.s^.— Tliat  the  said  Elbert  Anderson,  Jun.  his  heirs, 
executors  or  administrators,  shall  supply,  and  issue  all  the 
rations,  to  consist  of  the  articles  herein  after  specified, 
that  shall  be  required  of  him  or  them  for  the  use  of  the 
United  States,  at  all  and   every   place  or  places  where 
troops  are  or  m,ay  be  stationed,  marched   or  recruited 
within  the  limits  of  the  State  of  New- York  and  the  Wes- 
tern and   Northern  vicinity,  within  the    Canadas,    thirty 
days  notice  being  given  of  the  post  or  place  where  rations 
may  be  wanted,  or  the  number  of  Troops  to  be  furnished 
on  their  march,  from  the  first  day  of  June,  eighteen   hun- 
dren  and  thirteen,  to  the  thirty-first  day  of  May,  eighteen 
hundred  and  fourteen,  both  days  inclusive  ;  at  the  follow- 
ing prices,  that  is  to  say,  at  any  place  where  rations  shall 
bo  issued  Aviiliin  the  City  and  Harbor  of  New- York,  and 
tlie  e]icam(>mcnt  of  Greenbush,  at  fourteen  cents   eight 
viilh  per  ration  :  at  all  other  places  within  the  state  of 
New-York  and   the  Canadas,  at  seventeen  cents    five 
mills  per  rntion  :  provided,  however,  that  for  all  rations 
requir(!d  witiiin  the  enemy's  territory,  the  price  of  thera* 
tion  shall  be  augmented  in  proportion  to  the  expense  of 
transportation  and  issue  in  the  enemy's  country.     The 
Hupplies  having  been  delivered  on  account  of  Govern- 
ment at  nuigazincs,  designated  for  that  purpose,  within 
the  state  of  New-York,  and  when  it  may  become  neces- 
sary, the  public  agents,  boats  and  teams  shall  be  employ* 
ed  in  transporting-  from  such  depots  by  order  of  tho  Qom? 


?**H?*^*'PIPWSK'"Jf 


n  the  Tvvea- 
;  Thousand 
Armstrong, 
the  United- 
t  Anderson, 
•  part. 

John  Arm* 
of  America, 
3,  executors 
and  agreed, 
nd  agree  to 

n.  his  heirs, 
issue  all  the 
r  specified, 
use  of  the 
laces  where 
►r  recruited 
d  the  Wes- 
idas,    thirty 
(lere  rationis 
)e  furnished 
iteen   hun- 
y,  eighteen 
tlie  follow- 
ations  shall 
-York,  and 
:ents   eight 
he  state  of 
cents   five 
all  rations 
e  of  the  ra» 
expense  of 
itry.     The 
>f  Govern-' 
3se,  within 
)me  neces- 
)e  employ* 
f  tho  C^oajy 


83 

nianding  General,  on  representation  of  the  Contractor 
or  his  proper  agent,  that  such  transportatL    a"  ^^^^^^^^ 

ea.  also,  tiiat  the  Cunfactor  shall  at  all  times  have  reamn- 
ane  notice,  when  and  where  deposits  are  to  be  muTfor 
transportation  into  the  enemy's  country  L  wellaTtt  ? 
mount  required  for  that  puV^o/l^Wc  t^^^^^^^ 

~::ZiTT^  ""^«  ''^'''  -^»'^^'  tirpnl'of  the 
five  S  r  '  '^  I''"  T"'  '^^^"  ^«'  ^'^^  ^'^^^  five  cents 
Quor  ttp^!^^^^^^^^^^  four  cents  eight  mills  ;  li- 

the  or  i  of  t^^'  ^'t'  ""•  ^''  '"^"^^  P^^'^«'  ^"^  «^«t.  Where 
price  nftl  '■''"'^"  ''  seventeen  cents  five  mills,  the 
pnce  of  the  component  parts  of  the  same  ,w  \  be  for 
meat,  five  cents  five  mills,   bread  or  flour  nVZ 

cem"'^4  Z"-'  ''7\  ''''''  '''''  "^"^^  ^  --  i-««  -  e 
pam  of  th^  f  i  f  n^f  component  parts  of  the  small 
LnHI.  .  f "  "'^^^i  ^^'  ^'S^^^^^n  cents  per  pound  for 
candles  ;  twelve  cents  five  mills  per  pound  for  so-m  fi  ..r 
cents  five  mills  per  quart  for  vinlgak  and  two  cem^ 
mdls  par  quart  for  salt :    Provided  also^that  thfthirtv 

be  unde^^^^^^^  rations  may  be  wanted  shall  not 

oe  understood,  to  apply  when  the  rations  are  taken  from 
any  deposu  previously  made  on  account  ZITgJ:^^- 

&.o»rf.  That  the  ration  to  be  furnished  and  deliver- 
JttlT""  ''^'^"  «°"*™«'-«hall  consist  of  the  fonS 
artic  es,  v.z  :  one  pound  and  a  quarter  of  beef,  or  three 

br::rrflou?r'''^n't"'  P^V  -?'"-> -nee'   ol 
Dread  or  flour ;  one  gill  of  rum,  whiskey  or  brandv  •  and 

at  the  rate  of  two  quarts  of  salt,  four  quarts  of  IV^ar 
four  jDoundsof  soap,  and  one  pound  and  an  ha  f  of  cat' 
dies  to  every  hundred  rations. 

.reb.  ral,  or  Officer  commandmg  an  army  or  a  great  mill'- 
tar;-  dtstnct.  .n  all  cases  not  otherwise  provided  fob»^ 
me^rshailtf  '''"^K  T!""  -.'J '"ow ofte'n  fresh  or I^  ,e5 

rreion  Jil^  .       "k  V  ^'l'"™'  "'•^'^^^  '"  ''«  promulgated 
a  re4«onable  tune  betore  the  issue  is  to  commence ;  th| 


:1'i 


I 


[//, 


■«mMI»> 


f 


vf 


H 


I 


,    ! 


1  all  cuaos  wli 


«4 

iltcd  provisions 


>(1,  the  iiiticlc 


0  issue 
of  salt  shall  not  be  rc(|uired  ;  that  the  Contractor  shall 
always  issue  Hour  two  days  in  every  week,  and  the  option 
of  bread  or  flour  for  the  reniainder  of  the  week  to  be  with 
the  Contractor. 

Third.  That  supplies  shall  be  furnished  by  the  said 
Elbert  Anderson,  Jun.  his  heirs,  executors  or  administra- 
tors, at  the  fortified  places  and  military  ))osts,  that  are  or 
may  be  established  in  the  limits  aforesaiil,  upon  the  requi- 
sition of  the  Commandant  of  the  army  or  a  post,  in  such 
quantities  as  shalll  not  exceed  what  is  sullicient  for  the 
troops  to  be  there  stationed,  for  the  space  of  three  months 
in  advance,  in  good  and  wholesome  provisions  ;  consist- 
ing of  due  proportions  of  all  the  articles  forming  the  ra- 
tion. 

It  is  understood  that  if  the  Contractor  shall  be  required 
to  deposit  provisions  at  one  place  or  post,  and  shall  af- 
terwards be  required  to  move  them,  to  be  delivered  at 
any  other  jyface  or  post,  the  expenses  of  transportation 
to  such  other  place  or  post  shall  be  borne  by  the  United 
States.  It  is  also  understood  that  all  sup})lies  are  to  be 
originally  delivered  at  the  posts  where  they  may  be  requi- 
red, without  expense  to  the  United  Btatee. 

Fourth.  That  wdienever  and  as  often  as  the  provis- 
ions stipulated  to  be  furnished  under  1  his  contract,  shall, 
in  the  opinion  of  the  Commanding  Officer  of  the  post  or 
place  where  thoy  are  ollered  to  be  issued,  be  unsound, 
unfit  for  use,  or  of  an  unmerchantable  quality,  a  survey 
shall  be  held  thereon,  by  two  disinterested  persons,  one 
to  be  chosen  by  the  Commanding  Officer,  and  the  other 
by  the  said  Elbert  Anderson,  Jun.  or  his  agents,  and  in 
case  of  disagreement,  a  third  person  to  be  chosen  by  mu- 
tual consent,  who  shall  have  power  to  condemn  such  part 
of  the  provisions  as  to  them  may  appear  unfit  for  use: 
but  if  the  said  Elbert  Aaderson,  Jun.  or  his  agent,  shall 
foil  or  neglect  to  appoint  a  person  to  inspect  the  said  pro- 
visions, after  reasonable  notice  in  writing,  it  shall  be  per- 
mitted by  the  said  Commanding  OflTicer  to  appoint  such 
persons  as  he  may  think  proper,  to  inspect  the  provis- 


^yasM£gilJltwpif-. 


'^mi^. 


,  the  Jiiticle 
motor  sliall 
(I  the  option 
ik  to  bo  with 

by  the  said 
administra- 
,  tliat  are  or 
)n  the  requ'i- 
)ost,  in  sijjch 
icnt  for  the 
hree  montlis 
ris  ;  consist- 
ning  the  ra- 

be  required 
nd  shall  af- 
delivered  at 
ansportation 
r  the  United 
ies  are  to  be 
lay  be  requi- 

the  provis- 
titract,  shall, 
r  the  post  or 
be  unsound, 
ity,  a  survey 
persons,  one 
ud  the  other 
^ents,  and  in 
losen  bv  rnu- 
nn  such  part 
nfit  for  use : 

affent,  shall 
the  said  pro- 
shall  be  per- 
ippoint  such 
,  the  provis- 


^5 

ions,  under  oalh,  with  power  to  condemn,  as  aforesaid. 
And  all  provisions  condemned  by  such  survey  or  inspec- 
tion^ may  be  destroyed  by  the  Commanding  Officer. 

Fifth.  Tlmt  the  Commanding  General,  or  persoft 
appointed  by  him,  at  each  post  or  place,  in  case  of  abso- 
lute faihu-e  or  deficiency  in  the  quantity  of  provisions  con- 
tracted to  be  delivered  and  issued,  shall  have  power  to 
supply  the  deficiency  by  purchase,  at  the  risk  and  on  ac- 
count of  the  said  Elbert  Anderson,  Jun.  his  heirs,  execu- 
tors or  administrators.  ♦ 

Sixth.  That  all  losses  sustained  by  the  depredations 
of  an  enemy,  or  by  means  of  the  troops  of  the  United- 
States,  in  articles  intended  to  compose  rations,  to  be  issu- 
ed under  this  contract,  being  the  property  of  the  Con- 
tractor, as  well  as  in  other  property  7icccssarily  used  in 
transporting  the  same,  shall  b(3  paid  for  at  the  contract 
price  of  the  rations,  or  the  comi)oncnt  parts,  and  at  an 
appraised  value  of  the  other  articles ,  on  the' deposition  of 
one  or  more  credible  characters,  and  the  certificate  of  a 
Commissioned  Officer  when  tho  same  can  be  obtained, 
ascertaining  the  circumstances  of  the  loss,  and  the  amount 
of  the  articles  fc  which  compensation  is  claimed. 

Seventh.  That  escorts  and  guards  for  the  safety  of  the 
provisionf,  and  for  the  protecting  of  the  cattle  against  an 
enemy,  shall  be  furnished,  whenever,  in  the  opinion  of 
the  Commanding  Officer  of  the  Army,  or  of  any  post,  to 
whom  application  may  be  made,  the  same  can  be  dono 
without  prejudice  to  the  service,  and  the  said  Elbert  An- 
derson, Jun.  his  heirs,  executors  or  administrators  shall 
not  be  answerable  for  any  deficiency  of  supplies,  at  any 
of  the  said  posts  or  places,  if  it  shall  appear,  upon  satis- 
factory proof,  that  such  deficiency  was  occasioned  by  the 
want  of  proper  escorts  and  guards. 

Eighth,  That  at  all  stationary  posts,  proper  store-hous- 
es shall  be  provided  on  behalf  of  the  public,  for  the  recep- 
tion and  safe  keeping  of  the  provisions  deposited  from 
time  to  time,  at  such  posts  respectively;  and  the  Contrac- 
tor shall  suflTer  no  loss  for  want  of  such  stores. 
M?ttk.    That  the  said  Elbert  Anderson,  Jun.  his  heirs, 


n 


"'^ 


-r 


h  I ! 


<«4MMI 


86 

executors,  or  nf^ministratora,  shall  renrler  liis  or  their  ac- 
counts totho  Accountant  of  tho  Department  of  War,  for 
settlement,  at  least  once  in  every  three  months,  agreeably 
to  such  form  as  by  the  said  Accountant  may  be  establish- 
ed and  ma(fe  known  to  liim  or  them. 

Tenth.     Tliat  all  such  advances  of  money  as  may  be 
made  to  the  said  Elbert  Anderson,  Jun.  his  heirs,  execu- 
tors or  administrators,  for  and  on  account  of  the  suppliea 
to  be  furnished,, pursuant  to  this  contract,  and  all  such 
sums  of  money  as  the  Commanding  Officer  of  the  troops 
or  recruits  that  are  or  may  be  within  the  limits  aforesaid 
in  ay  cause  to  be  disbursed,  in  order  to  procure  supplies, 
m  consequence  of  any  failure  on   the  part  of  the   said 
Elbert  Anderson,  Jun.  his  heirs,  executors  or  adminstra- 
tors  in  complying  with  the  requisitions  herein  contained, 
shall  be  duly  accounted  for  by  him  or  them  by  way  of  set- 
off, against  the  amount  of  such  supplies,  and  the  surplus, 
if  any.  repaid  to  the  United  States,  immediately  after  the 
exj.iration  of  theterm  of  this  contract  together  with  an 
interest  at  the  rate  of  six  per  centum,  per  annum  from  the 
time  of  such  expiration  until  the  same  shall  be  actually  re- 
payod  and  that  if  any  balance  ihall  on  any  settlement  of 
the  accounts  of  the  said  Elbert,  Anderson,  Jun.  his  heirs 
executors  oradminstrators,  be  found  to  be  due  to  him  or 
them,  for  or  on  account  of  the  rations  which  shall  besuppli- 

cd,pursuauttothisagreement,the.§a//wsAa//*//j»ic6/««^c/y 
he  paid,  and  that  no  unreasonable  or  unnecessary  delay 
on  the  part  of  the  officer^^  of  the  United  States,  shall  be 
given  to  the  settlement  of  the  accounts  of  the  said  Elbert 
bert  Anderson,  Jun.  his  heirs,  executors  or  adminetrators, 
provided,  however,  that  no  niembcir  of  congress  shall  be 
afhiiitted  to  any  share  or  part  of  this  contract  ;  or  to  any 
benefit  to  arise  therefrom, 

IN  WIT  NESS  whereof  the  said  Secretartf  of  War, 
for  and  on  behalf  of  the  United  States,' hath  here- 
unto subscribed  his  name,  and  affixed  the  Seal  of 
the  War  Office  of  the  United  States;  and  the  said 


n  s 


ivV 


'*"^^ln^^HI 


!'■'!' 'EliJjIl'iJiil^' 


B7 

Elhert  Andernon,  Jun.  hath  hereunfo  set  his  hana 
and  seal  the  day  and  year  first  above  written 

JOHN  ARMSTRONG. 
(Seal  U.  S.) 

ELBERT  ANDERSON,  Jun. 

Signed  sealed,  and  delivered  ) 
in  the  presence  of  \ 

D4NIEL  PARKER,  ^ 

GEORGE  BOYD. 

Whereas  by  a  certain  ajrroement  marie  on  the  25th  Voh 
uary  eighteen  hundred  &  thirteen,  Between  JolmW 
etmng,  Secretary  at  war,  and  Elbert  Anderson  Jun  nf 
of  State  of  New-York  ,  it  was  stipulated  tttS/a.a,:! 
ofProvision  maybe  re(,uired  of  the  said  Andersori  for 
armies  &  troops  of  the  United  States.  Now  ttTCe  it  i« 

an  inventory  shall  be  taken  as  soon  as  practicable  whl^h 
shall  compnse  all  such  su,,plies  as  slmirhave  bee^  acm 
ally  deposited  for  the  United  States  by  virffe  of  the  S 
Agreement  and  a  cer,  ificate  of  such  inspection  and  inven- 
tory formshed  to  the  said  Elbert  Andirson  Jun    o"  to 

Second.     That  where  issues  are  to  be  made  from  «//•/, 
depomU,  the  said  Anderson  or  his  agent  shall  be  cTedon 
for  that  purpose,  and  duplicate  receipts  if  ven  therefor 
by  the  saul  party  of  the  second  part  oHiisa.rent  emres 
«ng  the  quantuy  and  quality  of  each  article."      '  ^    ^' 

imrd.      1  hat  the  party  of  the  second  mi-f  „t,„ii 
count  to  the  United  StStes'for  all  the  su^irs  w£'sh„lf 
be  receipted  for,  as  in  t\io  preceding  artlle^ZwLt ft 
lowed  hovvever  a  deductionof  twelv^  and  a  half  r^"  cen 
«.  a  fuU  allowance  for  wastage,  leakage  and  damage  of 


tn 


■•'■I 


■  T  i:. 


I 


18 

whatever  nature,  excepting  only  sucli  lossoa  as  iiuiy  he 
occasioned  by  fire,  water,  an  enemy,  or  by  the  tro())S  of 
the  United  States.  ^ 

Fourth.  TImt  the  party  of  the  second  part  shall 
account  to  the  United  States  for  all  the  supplies  whicli 
ahall  be  receipted  for,  a»  in  the  preceding  article,  issue  all 
supplies  as  aforesaid  to  the  troops  at  the  several  posts,  in 
rations  to  consist  as  follows,  viz  : 

Eighteen  ounces  of  bread  or  flour, 
One  pound  and  a  quarter  of  beef,  or 

three  quarters  of  a  pound  of  pork. 
One  gill  of  rum,  brandy  or  whiskey, 
and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vinegar, 
four  pounds  of  soap,  and  one  pound  and  an  half  of  can- 
dles to  every  hundred  rations. 

Fifth.  That  the  said  party  of  the  first  part  shall  pay 
•r  cause  to  be  paid  to  the  said  party  of  the  second  part, 
one  cent  for  every  ration  which  he  shall  issue  as  before 
recited,  as  a  full  compensation  for  his  trouble  and  ex- 
pense in  issuing  the  same,  the  transportation  being  fur- 
nished by  the  Government  when  the  same  may  become 
necessary,  and  always  at  the  public  expense  within  the 
enemy's  country. 

IN  WITNESS  whereof,  the  said  Secretary  of  War, 
on  behalf  of  the  United  States,  hath  hereunto  sub- 
scribed his  name,  and  affixed  the  Seal  of  the  War 
Office  of  the  United  States  ;  and  the  said  Elbert 
Anderson,  hath  hereunto  set  his  hand  and  seal  the 
day  and  year  last  above  written, 

JOHN  ARxMSTROxNG. 


(^EAL  U.  S.) 


ELBERT  ANDERSON,  Jun. 


Signed  sealed,  and  delivered  > 
in  the  presence  of  \ 

DANIEL  PARKER, 
GEORGE  BOYD. 


I 


wm 


ioa  as  tuny  he 
tilt!  tru()|)S  of 

id  part  Hlmll 
ipplic's  which 
tide,  issue  all 
/eral  posts,  in 


k. 

rts  of  vinegar, 
I  half  of  can- 

)art  shall  pay 
J  second  part, 
sue  fts  before 
ible  and  ex- 
on  being  fur- 
may  become 
10  within  the 


'ary  of  War, 

iercunto  sub- 

of  the   War 

said  Elbert 

and  seal  the 


30N,  Jul). 


War  Department  May  1 7,  1 8 1 3. 


# 


Hir— 

copy  ofvW,ieh  w.,1  ^^"LS  r?  Cr^^TT'''.  « 

lol'Uive  to  the  kin.l  JTLXZ    f  ^'""'  '°«'™cted 
entitle  yo„  to  ucroJit  for  dcplits    ""'''"''  ""'='=^^'^^  '^ 

I  am  sir, 
Your's,  &e. 

Elbert  Anderson,  J„„.  ''^"^  ARMSTRONG. 

Army  Contractor. 

CIRCULAR-INSTRUCTIONS. 

0?pT-tTe„rX^rt~n^^^^^ 
wl.ole  number,   as  per  fo  "m  ~;ed  •"''0.,?^ ''"'^^ '!!« 
signature  of  tlie  senior  officer  ,vi1f?    '    "".'""^•se  the 
company  return  :  butTtbeh^rmn         "  •'"'""■^•^  «°  «»<=!, 

ta-y^'pra'ctiee  to  embrlee  th'v^ir  ret rne'I^f  .""/'" 
the  contractor  will  issue  the  whole  or  dilih  .  "='""'"le, 
company.     Attheendofeacl.monfh.l  ""^  '°  ^^^ 

inserted  in  an  abstract   from  tr  !  *  '''""'•"^  «''"  be 

endorthe.a/.»<Z..t;i"„  :  formanr "'"'"' '°  "'« 
scribed.  Ifany  extra  liquir.oottrnaiT""  P'"''- 
are  issued,  the  total  amount  Afi  ?•       •  ^""^  "'^a  ration 

tra  (if  any  mu.\te  ~^ ^S  '^ ?-f //f  '''^,  ''^- 
the  foot  of  the  provision  return  Tvtll  "^  '^  '''''^'*'  at 
the  certificate  of  the  momhlyT.t.  acl  Tl '"  ",'"  ^"'^^  "^ 
marks,  should  ahvavs  cio  InJn  f„  1  The  column  ofr«. 
•  ;:^o  *.oo^.  on  a  X^^:^;^^ir^^, 

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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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can  be  inserted  in  the  abstract  of  rations  issued  at  that 
post  ;  but  if* no  senior  Officer  should  be  at  the  post>  yoUj^ 
will  have  a  blank  abstract  specially  filled  for  the  provis- 
ions, furnished  to  troops  on  the  march,  and  the  officer  hav- 
ing command,  will  »ign  the  same  when  you  issue  the  ra- 
tions. 

l^he  blanks  are  filled  up  in  the  returns  annexed,  and 
the-  days  drawn  for  are  four,  being  as  few  as  are  gener^ 
alii/  drawn  for  in  the  regular  service ;  but  commanding 
ojjicers  have  an  undoubted  right  to  tary  the  number  of 
dai/s. 

All  commissioned  Officers  whilst  in  the  service  of  the  U. 
States,  are  allowed  by  law,  according  to  rank,  a  respec- 
tive number  of  rations  per  day  in  kind  or  20  cents  in  lieu, 
by  the  war  departn^^iit,  for  each  ration,  wliich  is  designa- 
ted their  subsistence  account.  If  any  officer  should  be 
stationed  at  a  remote  place,  where  it  may  be  his  interest  to' 
draw  his  subsistencQ  in  kind,  from  the  contractor, 
in  lieu  of  money  from  the  war  department,  or 
paymaster,  it  will  be  necssary  to  furnish  the  con- 
tractor a  special  return,  that  the  rations  are  a  part 
of  his  subsistence  for  the  number  of  days  mention- 
ed ;  or,  if  an  officer  should  take  a  waiter  from  the  line  of 
the  army,  and  give  him  maintenance  at  his  own  expense, 
he  can  draw  rations  in  kind  or  commute  with  the  contrac- 
tor in  money,  in  lieu  for  such  waiter's  rations  as  a 
soldier  from  the  line  ;  the  waiters'  name  ought  likewise 
to  be  mentioned  in  the  return.  This,  as  well  as  every 
provision  return,  must  be  signed  or  countersigned  by  the 
commanding  officer  at  the  post  or  place  where  the  rations 
are  furnished.  It  is  hardly  necessary  to  remark,  that 
tlie  contractor  will  receive  no  more  for  the  aforesaid  ra- 
tions, than  the  general  contract  price. 

i 
Your's  respectfully, 

ELBERT  ANDERSON,  Jr.  Coniractof 


\ 


isued  at  that 
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97 


W^«r  Department,  3fai/  Wt/i,  1814. 


Sir — 

to  be  on  h«nd  on  ,l,e  f,r»t  of  jtc  noT  Yf,,r'^.^r''''''-'J 
returns  of  ti.e  same  to  be  made  to  hi.  n  ."'"  """'"' 
receipts  given  by  the  sto  "-ke^.pcrs  to  ?,"'"'""'«'"'  """1 
traetor.  Ti.ese  returns  LSi',  "  i  n' T''"'  'T 
f^p  .ken  and  ./.,.,  u.o  provirs  w'^rpos^ 

-aKee;^::rti:;^:::;:i;r:::3mr^''""^"'^ '« •>« 

new  contractor,  orotht^r   nti3n  i  '"^  ^''''"^'  ""^il  tlie 

I  have  the  honor  to  be,  &c.  * 

Maj.  Gen.  Brown,  and  to  )   ''''"^  ARMSTRONG. 
Maj.  Gen.  Izard.  \ 

Commanding  onLakc  Ontario  and  Champlain. 


(ciRCIILAn.) 

Washington,  May  IGt/i,  1814. 


dlR, 

™pply  o^f^atufeSef  t'n."-'  "f  -"'™ct  for  the 

that  f  y  you  will  eau^fa  1  X  abS^e  Tof  i""" '  '^',"' 
completed  and  sio-ned  bv  tlio^I:  ,r  °'  "*^"*'^  '«  ''" 

and  you  will  deliv^erln  eno'^t  a  Mh  °"''"''  "'  "'^  P°^*' 
belonging  to  the  eontrSr  ,  fT"'"""'' ^''" ''»'■« 
Deputy  Quarter-MX,  niT'     ,  ""'''  ,*^to'«-keeper  or 

pr.vi.i..,„,,,;,r;Ksi  re  X' r  rT""4 


!i^ 


I 


I 


li 


i 


■*• 


>i 


98 

and  where  received  ;  those  vouchers  will  constitufe  th« 
contractor  8  credit  with  the  War  Oepartnient,  a.id  will 
be  transmitted  without  delay  to  my  a(rent  at  Albany 

You  have  been  required  to  forward  a  copy  of  all  re- 
ceipts you  may  have  given  for  puhlic  promsion  received 
by  you  or  your  Deputies  ibr  i«3ue-particularly  HpecilV- 
ing  from  wiiom,  and  what  deposit  those  supplied  have 
been  received.  It  is  charged  upon  you  to  comply  with 
this  injunction,  so  as  to  enable  me  to  close  up  my  accounts 
w^dgive  Gomrnmeut  credit  for  such  prokiL  as  have 
been  received  for  issue. 

As  your  agency  will  dose  on  the  first  day  of  .Tune 
next,  you  are  directed  to  make  out  an  account  current  in 
the  form  that  has  been  prescribed  to  you,  and  transmit 
the  same  o  my  agent  at  Albany,  with  your  signature  at- 
tached  to  the  same  You  need  not  be  reminded  that  the 
most  accurate  vouchers  are  required  for  expenditures  ap- 
pertaining to  public  accounts,  duly  certified  by  senior  of- 
ficers, and  that  like  vouchers  will  scrupulously  be  expected 
in  your  purchase  and  expenditures  in  behalf  of  your  pr.n- 
Oipal.  With  great  respect,  (fcc.  ^       V    "■ 

ELBERT  ANDERSON, 

T  rru  -n      .  ,         ^^^y  tJontractor. 

James  Thorne,  Esquire,  and  others. 


Sir 


Washington,  May  25th,  1814. 

I  have  the  honor  to  inform  you  that  I  have  volun- 
tarily repaired  to  this  city  with  a  full  expectation  that  mr 
accounts  for  current  issues  and  deposits  ruler  my  con~ 
tract,  dated  November  7th  1811,  and  whch  expired  on 
the  31st  of  May  1813,  would  have  been  duly  audited,  and 
an  ofticud  report  made  on  the  balance  of  that  contract 
1  have  now  remained  in  this  city  thr.e  weeks,  anxiously 
oxpectuig  a  report  from  your  department  on  the  balance 
ol  lliat  contract,  as  well  as  a  report  on  the  vouchers  ren- 
dered to  your  office  up  to  the  28th  of  February  1814  for 
supplies  und«r  my  contract,  dated  25th  February,  181g 


nstitufe  th« 
It,  and  will 
Albany, 
y  of  all  re- 
oil  received 
irly  Hpecify- 
pplies  have 
umply  '.vith 
ny  accounts 
ioa  as  1juv« 

ay  of  June 
t  current  in 
id  transmit 
gnature  at- 
ed  that  tiie 
iditures  ap- 
^  senior  of- 
e  expected 
your  prin- 

SON, 

titractor. 


h,  1814. 

ave  volun- 
)n  that  rny 
r  my  con- 
ixpired  on 
dited,  and 

contract, 
anxiously 
3  balance 
hers  ren- 

1814,  for 
try,  1818. 


I  shall  repair  as  soon  a«  pcMisible  to  New-York,  and 
•hail  bo  pleasod  to  receive  suc4,  instructions  from  you  as 
wd  enable  nie  to  close  with  satisfaction  all  my  accoums 
and  as  soon  as  the  present  contract  terminates.  1  shall 
lose  no  time  ,n  furnishing  your  department  an  aoroun{ 
current,  in  such  form  and  manner,  as  shaU  easily  ha 
prescribed.  ^    • 

\/ith  respect,  I  remain  your  most  Obt.  Servt. 

rv      «  ^  ELBERT  ANDERSON. 

VVm.  Sinnjons  Esq.  Accountant's  Dept. 

(True  copy)  Peter  llagner,  Auditor. 

^IR      rr^^     u^  Jackets  Harbor,  July,  1814. 

SIR.     To  enable  me  to  provide  for  the  imwidinulsh 
nsience  of  the  Army  of\he  United  Stat^nS: '"^^ 
trict.     I  shall  need  the  whole  stock  of  provisions  nurchaT 
cd  by  X\.^lateContraclor,  and  on  hind  tnZn^tci 
on  the  Ut.  of  June      I  therefore,  ohHgafe  myself  t^^^ 
ceivc  the  same  wherever  it  may  haveheen  deposited  at 
my  contract  prices  of  the  ^e^eral  component  pZts^^^^^^ 
tions,  notwithstanding  there  may  hy  an  mfdueproZ. 
Hon  of  some  articles,  and  a  deficiency  of  otherV  Th^ 
eommanding  General  of  Posts  or  the  Officers  of  ihe  Qr! 
Mr.  Genl  s.  department,  I  presume  have  authority,  to  dc- 
liver  oyer  the  articles  to  my  authorised  Agents,  on  Teir 
gmng  the  necessary  vouchers,  which  f  shall  inst;uct  the« 

1  conceive  my  self  entitled  to  all  the  benefits  of  this  nr 
rangement  as  they  are  secured  to  me  by  my  contract 
and  his  will  also  preclude  all  controversy  whicrS 

rdtLTd%:r*"^  ^^^  ^-^^-^^^  — ^-^i^- 

lam  respectfully,  Sir, your  ob't. servant, 
1 0  William  Simmons,  Esq.  Accountant  War  Dep't. 

•  This  is  given  as  a  copy  of  the  letter  callec?  for  rrom  Ih*  fifp.  nf  jk-   m      .  ■ 
WM  written  by  the  late  V^m  D.  f  hec  v  r  w  thm  ftui  i,»      .  J        *''*  "**'«  •  >' 

«f E.  An.(er,on :  it ckarly Thon/thrj/pp.res  n   L  ^1  o  ulauaf;^^^^ 
dacifelothe  public  iiitemt  aud  Cheever'g  ,^7        '^""^^^'P^rti  wer««o*- 

N 


•i 


A' 


ill 


100 

* 

^.^_^  *  ^cio-York,  Sept.  21,  1814. 

ilinirotlic  lionor  to  fonvar.l  you  three  Genera! 
AnstrnctH  of  provisions,  deposited  o^  Government,  du- 
rinfif  the  current  year  of  my  contract,  dated  2rjtliVeb. 
1813,  m  which  1  have  char^r,,(|  a„(|  credited  the  Govern- 
ment, with  tiic  amount  deUverod,  and  afterwards  recoiv- 
•d  back  for  isNiie  by  my  n<rvi\t,  viz  : 
''icheduleno  I  for  Lake  Ontario  vouchers  No.  1  to  24. 
I>o  2  «      CJiamploin  1       13 

»,:?    ^"^1   .    ^  "     N.  York  &  Jj^og  Harbor  1        5! 

Ihavohad  thosft  vo-icliers  for  transmissiion  for  some  time 
back, but  the  ditficulties  that  occurred  atWasbington*de- 
terred  me  from  forwarding  them,  I  pray  you  will  enter  on 
the  examination  as  soon  as  possible,  and  at  this  critical 
period  it  wdl  be  pleasing  to  receive  from  your  t>ffice  au 
Icknonrledirment  of  papers  so  important  to  thb  t^djust- 
Uflent  of  my  accounts. 

With  sentiments  of  respect, 
I  remain,  <fec. 

„       „.  ,     ,^  ELBERT  ANDERSON. 

Hon.  Richard  Cutts, 

Suporintcndant  Gen.  public  supplies, 
Washington  city. 

[answer  to  the  above  t] 

Siip't  Gen.  office,  Washmgton  City,  Oct  14,  1814. 

Sir— The  several  abstracts  of  provisions  forwarded  by 

you  to  this  office,  have  been  examined  ;  the  persons  with 

whom  deposits  have  been  made,  will  be  held  accountable 

for  the  same  to  this  office. 

I  am  respectfully,  sir, 

Your  most  ob*t.  serv't. 

RICHARD  CUTTS, 

..,,        ^    ,  „  ^up.  Gen.  Mil.  Supplies, 

Libert  Anderson,  Esq.  N.  York. 

of*\./  ttt'^*'  "'^'' "°  ^  asningtoQ  and  destruction  of  the  War  OiQce  in  latterf  art 
»  September  a«ih,  1814.    Acknowledges  the  receipt,  &c. 


fx 


*cv. 


»iiiw.>iiiiii>Aiii!iiii<wiiiMiwiiWiiiMiaMM 


M,  1814. 


101 


e  General 
mifiiu,  (lu- 
25111  Fob. 
le  Govern- 
rds  recoiv- 

o.  1  to  24. 
1       13. 

)or  1  5. 
some  time 
iugton*  de- 
ill  enter  on 
us  critical 
•  t^ffice  au 
tlib  adjust- 


RSON. 


14,1814. 

fvarded  by 
rsons  with 
'Countable 


s, 

Supplies, 

in  latterpart 


C„rn,i,ou,la,c.  aud  nonnacnU  or.   the  claim  of 
SIR,  Albany,  March  22,  I8I4. 

OoHi  the  (in,,,  i,  was  .n  In    .    '  ^'1'^  ""^•'  '"teifst 

will  make  my  note  appear  ^"tTeliunk.n  .7"  '""'  """"^ 
the  «H  (),(«)()  hack  n^ihi     T  '^  "  ''"''^  ""  y""  ''»r 

difficult;  in  pr^ru^  "v.i,  P'"""  >'"."  ""'  ''«^«  •«» 

Yours,  (fee. 
Elbert  Anderson,  Sag.     ^^"^^^"^^  TOV/1 JSEND. 

SIR  -^fes-IVZ-,  XarcU  31,  I8J4. 

^15U,U(K)  IS  not  vet  eoniP  nn      nv    i        ""  '    i^^c,  lor 
.aea«.ountI„o;rd^-Xbted'ri;S;K^r:/2 


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« 


10« 

Uny  alone,  in  behalf  of  Government  supplies  exclusively, 
1  send  you  the  original  letter  of  I.  Townsend,  of  22d 
inst.  since  which  I  have  received  from  him  a  letter  of 
Tyth,  m  which  he  says,  additional  drafts  have  I  :^en 
presented  to  him  for  payment  on  behalf  of  purchases, 
«;c.  tor  J7,qU0  dollars,  and  not  having  the  means  where- 
with to  receive  the  funds,  he  has  been  comnelled  to  sus- 
pend payment.  Thus,  sir,  do  I  stand  indebted  for  dis- 
bursements in  behalf  of  government  rising  175,000  dol- 
lars.      *  ^' 

My  «cc0unt  for  December  and  January,  181 1,  is  now 
completed,  and  shall  be  sent  on  in  a  ieW  days  ;  for  the 
two  months  they  amount' to  191,440.  20  ;  and  by  yester- 
day s  steam- boat  I  have  received  almtracts  for  the  month 
o\i^ehmQ,ry,  (exclmicely  of  the  Army  at  Plattsburs) 
th^t  will  make  the  issue  of  FoUruary  amount  to  87.500, 
making  together  278,940.20.  #       ' 

^y  this  statement  of  that  Quarter  ending  28ih  Febru- 
ary,was  predicated  as  presumed,  amjunting  to  288,170 
dollars,  which  was  95,000  dollars  less  than  the  preceding 
quarter  ;  yet  for  an  actual  disbursement  of  278,940  dol- 
lars  T  have  drawn  only  150,000  dollars. 

One  month  of  the  last  quarter  of  my  contract  expires 
this  day,  and  with  the  assurance  before  me  of  the  pre- 
ceding quarte/  exceeding  278,94-  dollars.  Yet  I  have 
foreborn  to  draw  on  your  department  for  fear  at  this 
time  of  embarrassing  t^ie  finances  of  Government,  but  in 
the  course  of  a  few  days  I  nhall  be  under  the  necessity  of 
drawmg  at  a  ftw  days  sight  lor  necessary  funds  to  defray 
the  expenses  of  the  current  quarter. 

Your's,  &c. 

„       ^  ^     ,  ELBERT  ANDERSON. 

Won.  John  Armstrong,  Sec'ry  War. 


JIR, 


NewYork,  April  20,  1814. 

I  have  this  rlnv  ^nrmarAaA  fn  iX^a^  A  /«r>»..«.4^»..4.'^  J^ 

pa  tmeiit  my  account  of  current  issues  for  th«  woath  tf 


jlusively, 
,  of  22d 
letter  of 
Lve  I  ocn 
jrchases, 
IS  where- 
d  to  siis- 
I  for  dis- 
,000  dol- 

l,  is  now 
;  for  the 
y  yester- 
le  month 
ttsburg) 

'  SI'S"". 

1  Febfu- 

288,170 

receding 

,940  dol- 

t  expires 
the  pre- 
t  I  have 
r  at  this 
nt,  but  in 
jessity  of 
to  defray 


SON. 


*^  159  18  2 

20  064  67 
2  00 

;^106  225  85^ 

191  440  m  5 

^ 

^297  666    h  7 


1814. 


lOUtll  •f 


163 

J- 

February,  1814,  aspervoucher  (A-) 

No.  I  to  72.  ^      ^ 

fiilitia  Do  m\ 

No.  Uo6.  ^^'^ 

Quarter-Master  Department 

Amount  to 

The  Dec.  &,Tan.  amount  forward-  > 
ed  on  1st  inst.  amounted  to  J 

JIaking  a  total  for  the  Quarter  ^.,d-  > 
ing28thofF<.^bruary  l 

In  two  or  three  days  I  shall  visif  rh^  coof  ^r* 
ment,  and  .hall  have'tl.e  honoA^lXw  ,,^1™" 
»on  on  the  adjustment  of  my  accounts.  ^         '"'" 

With  great  respect,  I  remain  your  ob't  sery't 

Hon.  John  Armstrong,  S^^rfwJ,  ^NnERSON. 

True  copy.-c.  Vandetcnter. 

8ir_I  have  the  honor  ifZl^l^o^'A'^''   , 

•nd  the  additional  credit  to  the  a~/if '^''^'A^.S 
received  back  for  issue  of  25.550.05..5  the  rece  otT'h'T 
you  will  dome  the  favor  to  acknowledge  a„T^  ."i"'' 
•anietobe  placed  under  examination   =  ""'^  "" 

_   I  have  likewise  the  honor  to  endosp  >m..  „ 
.ountcurrent  for  the    on.raet  >h^    UuFe^^Itl'''- 
which  It  IS  found  a  balance  due  meof  tflesonf  r| '" 
there  are  some  vouchers  of  losses  on  the  Salpf'!  '' 
be  furnished,  and  othet  provisions  on  ham   fst  J.fni  "J- 
those  deposits  of  which  I  have  given  credi    to  tK   'if 
Bla'os,  m  gross  thev>Villcon.<ti„„!,  „"„?[!.",•!'  ">«  U. 
e.  i^m...  but  being  anxious  to  l«vethroffic'iTeTamt 


t 

I 


104 

nation,  and  a  report  on  my  accounts  with  a  view  ^o  receive 
the  balance,  and  discharge  those  dcmiuidw  w  hu-U  soiur  of 
our  banks  have  loaned  to  me.  I  havt?  lost  no  time  in 
making  up  those  accounts  the  balance  of  which  I  feel 
confident  the  justice  and  good  faith  of  the  government 
will  promptly  liquidate.  I  shall  th<M'efore  await  your  an- 
swer with  considerable  anxiety,  and  hold  myself  in  rea- 
diness to  repair  to  Washington,  to  give  your  department 
every  e::pIanation  that  may  personally  be  required. 
IJiave  the  honor,  &c. 

^    i        1^  ELBERT  ANDERSON. 

Tobias  Lear,  Esq. 

Accountant  War  Department. 

XJcW'YorJc,  Octohcr  17,  1814, 
SIR, — Enclosed  you  will  receive  the  Quarter- blaster 
General's  receipt  for  tin;  provisions  placed  on  board  of 
boats  in  the  descent  down  the  St.  Law/enoe,  1813.  As 
this  was  made  only  a  charge  iu  kind  of  my  account  of 
deposits  for  Lake  Ontario,  forwarded  22d  August,  1813, 
it  was  omitted  to  be  sent  to  you.  The  receij)t  given  to 
the  Quarter-Master  for  this  provision  is  likewise  a  nom- 
inal charge  against  me  ;  tlie  amount  lost  is  the  real  diflbr- 
ence,  and  is  the  only  amount  carried  out  against  the  Uni- 
ted States. 

In  the  balance  as  stated  by  me  araintst  the  U,  States 
in  general  account  current,  viz.  203,00 1.53  2  dollars  there 
is  16,843.75  dollars  under  the  head  of  contingencies,  a 
part  of  this  arises  from  the  augmented  price  of  the  ration, 
and  the  other  in  violation  of  contract  and  damage  done 
me  by  the  interference  of  late  major-general  Wade 
Hampton.  The  correspondence  on  this  subject  is  on 
the  files  of  the  War  Office.  In  making  up  my  accounts 
1  have  studied  to  conform  to  the  rules  and  regulations  of 
tlie  accountant's  department ;  my  agents  may,  in  some 
instances,  have  departed  from  tlie  rules  laid  down  for 
their  government,  but  \  trust  in  those  cases,  if  any,  the  of- 
ficers of  government  have  been  to  blame  ;  some  iirnorant 


""■^^Sr^. 


0  receive 
li  sonw  of 
time  in 
cli  I  feel 
.'eminent 
your  an- 
If  in  rea- 
partmeiU 

3(1. 

3N. 


1814, 
r-IVtaster 
board  of 
13.  As 
;ount  of 
St,  1813, 
given  to 
I  a  nom- 
al  dillbi*- 
the  Uni- 

.  States 
irs  there 
ncies,  a 
3  ration, 
^e  (lone 
Wade 
!t  is  on 
ccounts 
tions  of 
n  some 
iwn  for 
,  the  of- 
rnorant 


US 

of  their  duty,  nnd  others  pleadino-  hasten  n^.. 
march,  or  clum-e  of  station.         ''  "^^^^^sary  to  & 

liiave  the  consolation  to  believe    ihnt  ,'«  r 

Imlfyears' service  un(ler  three  difibremhenH     ^^1  ^"i'^  * 
department,  I  have  di.characd   Lfn.,, ''^^  ^^  ^he  War 

with  zeal  and  i^clelity.     In  cxpr^^^^^  P''''^'^  "»  '«« 

poir  to  Washington  with  uehl S!  ^J^^^ngness  tc  re- 
Touchers  as  I  possess,  and  to  ^ive  ne^Sl"  ""f"^'^'' 
(If  any  are  wanting)  I  consult  the  m^n n^?  •  ^.^^l^^^^^^on 
may  be  derived,  and  the  convenTerTe?  V  ^  ^'^-'''^^"^^^^^ 
a  final  decision  to  my  account  rmy..eTli;^^^ 
grot  the  I(xss  of  time,  nor  the  exner  s^  Jt !  -n  ' ''*"  "^^  »'c- 
will  cheerfully  repair  to  yo  r  oKv      ^'  ^'^^  '"^'  ^"^ 

Fovideditwiilb(!^converi.ru?o  yoXt^^^^^^^^ 

tion  re(|uired.  •  j""  lo  give  tlie exainina- 

With  consl.leration  of  personal  resnnrf    r  .  . 

honor  to  remain  your  ob't  servant,         '""'''  ^  ''a^o  the 

^  Hon.  Tobia.  I.oar,  Aoc't  Wa^rfe,'^"^^^^^^- 
A  true  copy  otthe  original  on  file  i„  |,,is  office. 

J'etcr  Hagner,  Auditor. 

^""-York,  Oct.  26,  UH. 
SIR, — My  contract  for  the  snnnl,,  „<•     .■ 
tro<.p8  of  the  United   !r<tate"  r^w  thfn^.l     "''"'""^  *»  ">e 

York  and  the  CVmadns)     »'„!  ^x'L  7  ".""-"  "'"  '^''^- 
ation  on  the  31st  May  las,  r  L'eT,   ^^  !'"  "»'"  '""it- 
up  my  accounts  for  sumiieV  'mler    i"*^ '™"  '°  ''""& 
have  furnished  the  accV^n t,  „t  "rtl^":' T"/™'^''  ''"^ 
with  vouchers  and  account  cur  em    i„   ""','''''P'»-"neiit 
a  balance  of  ^263,004  53  2     da^'e  ,Vt:''  "rri'"*-'"? 
•onsiderable  regret  I  find  that  the  p  csLro  ^f  !''"'' 
w  tlie  accountant's  department  isVo  ^re  1 1     '"'""'''* 
to  exclude  the  possibilty  of  his  reporting  nf ''''''"'  "" 
mv  claims  so  .si  could  come  .nZSorw,   ,^  "'"■'?  f 
balance  duo.  me,  which  would  C^'ZZ:!^^}'^ 
^^^  «.«  «em<uw,  wiueh  have  grown  out  of  tlm7co„°: 


■# 


I 

(r  ;l 

I; 


t 


'''i£ 


i  i 


f, 


I 


1C6 

tract,  and  likewise  to  pny  the  honvy  neeoi..()(lnti(infl  now 
duo  to  the  Banksof  Allumy  for  tho  ionns  hnd  ofth(;rn  for 
those  supplies  whicli  I  hope  were  providentially  hii<!  up 
,  and  ir-mc  to  the  subsiytence  of  the  army,  until  this  late  [m- 
nod  of  the  campaiirn. 

The  Superintcndant-General  of  public  supplies,  has 
taken  up  the  examination  of  all  my  deposit  abstracts,  and 
has  advised  me  that  these  vouchees  have  been  duly  ex- 
ammcd,  and  the  persons  who  have  receipted  for  the  pro- 
Tisions  are  held  accountable. 

As  soon  as  the  present  contraator  entered  on  the  du- 
ties ot  ins  office,  he  had  the  forcsij^ht  to  see  that  he  coidd 
not  supply  other  than  from  those  deposits  which  hnd  beea 
ma(h3  by  his  predecessor  :  with  this  view  the  Tfono  a- 
ble  hecretary  wdl  perceive  the  necessity  of  brlni?  provid- 
ed with  the  amount  of  my  claim,  but  knowinij  (ns  I  have 
known)  the  low  state  of  the  public  treasury  and  themvat 
increasing  wants  of  the  Governm.^it,  T  have  forbotlo  t<i 
draw  on  your  departmerit,  but  nmst  now  discharrn*  th(> 
obligations  due  to  my  creditors,  as  the  period  of  payment 
^■as  only  protracted  until  my  accounts  could  be  condens- 
ttd  and  forwarded  to  the  Government. 

I  therefore  have  the  honor  to  draw  on  your  depart* 
ment  for  One  Hundred  and  Fifty  Thousand  Oollnrs,  i« 
favor  of  W.  Fish,  Esq.  Cashier,  atsicrht,  and  Fifty  Thou- 
sand dollars  at  15  days  after  date  in  favor  of  VV.'Fish.-^ 
One  of  these  drafts  I   ouolit  undoubtedly  to  receive  i» 
cash,  as  Treasury  Notes  are  now  below  par  three  to  four 
per  cent ;  but  if  no  money  can  bo  received,  I  must  con- 
tent myself  with  the  alteruative  of  Treasury  Notes,  and 
Buffer  the  loss.     If  in  dischar<.rin«T  my  duties  as  contrac- 
tor, I  have  been  instrumentally  serviceable,  I  shall- re- 
joice, and  it  will  be  my  best  consolation  to  receive  your 
approbation  in  what  has  been  done,  or  in  recciviniryour 
future  commands  in  any  thing  that  may  yet  be  done,  t» 
servvi  the  Government  in  those  tryino-  times  that  call  for 
the  exertions  of  all.         I  am  respectfully,  &a\ 

„      ^  ELBERT  ANDERSON. 

Won.  Jas.  Monroe,  Scc'ry  War. 


ions  now 
tlh'un  for 
J'  iai<i  up 
s  late  |ju- 

»lies,  has 
acthJ,  and 
duly  ex- 
'  the  pro- 

1  the  (Ill- 
he  could 
ind  heca 
T!on(va-* 
If  provid- 
is  I  havft 
hem-oat 
homo  to 
nrtrr  th» 
payment 
londens- 

depnrt- 
liars,  ift 
y  Thou- 

Vish 

ceivo  jm 
?  to  four 
iJ8t  con- 
es, and 
'ontrac- 
hallre- 
ve  your 
no-  your 
one,  t» 

call  for 

JON. 


107 


War  Department,  Oct  81,  1814. 


As  soon  as  your  accounts  are  acted  upon  and  spttl^,! 

went  of  wliioh,  no  tunc  will  be  lo«t,  any  balance  thlh 
may  be  due  you  shall  be  promptly  paid. 

It  IS  impossible  to  nrcept  or  pay  your  draffs  nnfil  « 
setilement  of  your  accounts  is  made  ^  ^  """'  * 

.e/yunt?  ""  '""""'  '"  "^^  ^-^V^^tfi'lly.  »ir,  your  ob.dient 
Mr.  Elbert  Anderson,  late  Cont^.^  W^'"''- 

New-  York,  1  a  Noy.  1814. 

I  rcceiyed  your  letter  of  the  31  st  ult.  in  due  cour<,P 
From  the  tenor  of  that  letter,  I  indulged  the  honn^!,' 

KS.tnft""^'''^  ^¥'  have  beetsetrd  t- 
lore  the  I5th  mst,  when  my  draft  on  you  for  50,000  dol- 
lars became  due,  and  it  consequently  honored  or  that 
they  wou  d  haye  been  in  such  stite  o/forwardnes/al  to 
haye  justified  your  payment  of  it,  especially  aH  is  n« 

uushope,  1  have  been  chagrined  by  the  mail  of  vestPr 
daybnngmgme  a  notice  of  protest.  InSpainfarsi 
uation,  I  must  beg  leaye  to  say,  that  althou-h  1  haye  en 
to  rehance  on  the  faithful  fulfilment  byle  Goyer"-' 
ment  of  tts  contracts  with  me,*  I  may  not  be  abHo  b- 
fusc  the  same  spirit  into  all  those  vyho  are  my  cred  °o  " 
and  who  haye  giyen  me  that  credit  in  eonseZ>nce  of  my 
preyious  punctuality.    Notwithstanding  the  freedom^U^ 
which  I  thus  express  my  feelings  on  this  subject,  I  beg 


'         K 


108 

W  to  assure  you  that  1  fully  roly  on  your  promise,  that 
no  tune  shall  bo  lost  in  the  sotllouKnU  of  my  accounts 
and  that  tho  buhinco  will  bo  punctually  paid.     And  if  I" 
could  further  be  informed  when  that  time  ia  likely  to  ar- 
rive, It  would  greatly  obliiro  me. 

I  have  the  honor,  &c. 

EDVVAUD  MITCHELL, 

••       ,       .,  ^    Attorney  for  Elbert  Ander8on. 

Hon.  Jas.  Munroc,  Socry  War. 


SIR, 


Department  of  War,  ArcovufauVs 
Office,  March  10 Ih,  liJ15. 

Your  accomit  for  supplies  furnished  under  con- 


tract  dated  7th  Nov.  1811,  has  thia  day  been  adjusted, 
and  a  balance  found  due  thereon  to  the  United  States  of 
one  thousand  eight  hundred  and  thirteen  dollars,  and 
thirty-one  cents,  which  stun  will  be  carried  to  your  debit 
m  account  under  contract  of  25th  Feb.  1813. 

The  aforementioned  balance  dilfers  from  your  state- 
ment in  a  sum  of  ;$'27,9i0  CkS-IOO,  which  you  will  find 
fully  explained  in  a  statement  of  differences  herein  clos- 
ed tor  your  govcnment. 

I  am  with  respect,  sir,  your  ob't  serv't, 

FIT    .  A  ^  r.  TOaiAS  LEAR. 

Elbert  Anderson,  Esq. 

Department  of  War,  AccountanVs  \ 
Office,  March  14,  1815.      5 

Sir—Your  account  for  supplies  furnished  under  coil- 
tract,  dated  25th  February,  1813,  has  this  day  been  ad- 
justed, and  a  balance  found  due  you  thereon  oUne  hun- 
dred and  eighty-one  thousand,  two  hundred  and  forty- 
thrcedollars,andffitj-seven  cents,  which  sum  has  accord- 
ingly been  reported  to  the  Secretaiy  of  War  for  payment 

Ihe  aforementioned  balance  differs  from  your  state- 
.,,  ,,  ,,„,„  ^..  ^^i^o^^^ 'iu-iui;, wnicii i» iuiiy explain- 


iac,  that 
coounts, 
Uul  li't 
ly  to  ar- 


ELL, 

ulersoii. 


or  con- 
(Ijusted, 
tales  of 
irs,  and 
'ur  debit 


ir  state- 
^'iIl  find 
sin  clos- 


2AR. 


ler  cori- 
een  ad- 
ne  hun- 
i  forty ' 
ayment. 
r  state- 
explain- 


109 

^Itlc^nf  "^"^  ^'  ''^^'^^"^-  ^---^^-cd  for  you, 
I  urn  witli  respect,  sir,  your  ob't  s-^/v't  - 
Elbor.  Anderson,  E.q.  TOBIAS  LEAR. 

EXTRACT.  ^ 

Sir      rr.r.f        11        ^''"^- ^ork,  March  so,  IS15. 
wiR,— .Conformable  to  your  reniif^^t    f  «^,   »^'^^^' 

p.™.  .,r,i,.  w„;,  ,£;;2S  Slt.^' ' """" 

1  lie  balance  now  claimed  is,  as  I  boforp  ^tnt'^A  r 
plie«  furnished  previous  to  I«t  ^f  J,  ne  isl  f  •^'^A^^^^^P- 
asked  of  the  JuLice  of  the  Unitll  S;U^'okvVSt^ 
if  in  treasury  notes,  to  bear  even  date  with  the  Hf^l* 
tracted,  or  at  least,  to  bear  date  the  27fTnJ7yf''T 

wh.ch  was  paid  but  protested  as  shewn  to  CbvW 

^f^tTJ        "  "'■''•'"'"■'  '"'"•  "  conscious  of  havin-T  ran- 
aered  "  some  service  to  tlio  atntp  "  i„i,..ii  * 

nor  do  I  tbinkyou  wis        to  Inv'e  ^v  l"'^'"'  T"'?"'' 

I  have  the  honor  to  remain 

Hon  A.  J.  Dallas,  Sec.  of  War. 
Washington  City, 

Sir— A  k;]]  1  ,     (Georgetown,  Nov.  2d,  1814. 

cr»tir7of  W     T'J  }]I /^"'•^^^^on  James  Munroe;  Se- 

TsU  Lf2'n';f;  '^??  dollars,  dated  27th  Oc  ober 

terted'arfcl!?!:^!^  '-^^  has  been  pro- 

-  i....;^.  „,  uic  i  ifc'waejii,  JUirectors,  &  Co. 


i    ! 


I 


4^ 


p 


lit 

of  the  Bank  of  Columbia  for  non  payment,  and  will  b« 
returned  to  them. 

Your's,  &c.  SAML.  CRUSE,  for 

W.SMITH,  Not.  Pub. 

The  bill  ftr  50,000  dollara  at  15  davs  date,  was  likewise  proteiteH  ia 
due  (orm  ;  copieiaud  ceiiiiicaiea  ol  ^lotcst  forwarded  by  W.  kuh,  Esq. 
cashier. 

(Extract) 


SIR, 


NcwYorky  April  12,  1815. 


I  now  have  the  honor  to  advise  you  that  W.Fish, 
Esq.  Cashier,  will  receive  the  amount  in  Treasury  notes  at 
the  par  value,  fundable  at  7  per  cent,  agreeable  to  the  8th 
section  of  tha  law  passed  24ih  Feb.  1815,  for  the  issue 
of  25,000,000  for  the  benefit  of  the  public  creditor ;  under 
this  section  of  the  law  I  must  consent  for  the  present  to 
rcceire  payment :  But  in  receiving  Treasury  notes  in 
payment,  it  is  not  to  be  understood  that  I  am  debarred  from 
a  just  nnd  equitable  claim  for  interest  that  has  accrued 
for  the  advances  made  to  governm«nt,  for  the  subsistence 
of  armies  of  the  United  States. 

I  hare  the  honor  to  remain  your  ob*t  serv't, 

ELBERT  ANDERSON. 
Hon.  A.  J.  Dallas. 


(Extract.) 

New-  York,  May  1 5,  1 8 1 5. 
SIR, 

I  have  a  well  grounded  hope  that  you  will  now 
fulfil  the  pledge  made  by  the  Hon.  James  Monroe,  i« 
his  letter  of  3 1st  Oct.  1814,  and  extinguish  this  claim, 
by  giving  6  per  cent  stock  at  yotir  offer  of  95  of  debt  for 
100  of  stock,  or  give  me  the  amount  in  Treasury  notes^ 


Ill 

•re  wiiling  to  ro^ei.JTfZV^l^l^f^tX^^ 

will  do  mr.'h.  f  "''"."'"og""!"' «"  'I'e  Oovernme„t,t  vol 
w  II  do  mo  the  favor  to  state  n  your  reelv  tlic  irrnnn.i 
which  I  may  hope  for  a  settlement.     ^  ^        ^  ""'"^  °" 


Hon.  A.  J.  Dallas. 


E.  ANDEKSON. 


of  funds  at  the  treaJurv  b,  t  frn^  .1  r"™  "'®  """" 

«Ppropriation.     l^e  LretlTo   v7""' "^""/'''''""'''^ 

I  was  unaware  of  tlie  state  of  wf  ?  '  "^'  """"'n'r. 
Hence,  when  I  sai,  LtTlt^i^i^LWT'^i-'""?- 
ed  at  par,  or  at  the  rate  of  95  poi  cenf  i^nffn  '  ?''^"'"'- 
that  it  should  be  legally  paid  or  f,,ni,l        r  °"'y  "«'»" 

wasanappropriatiof  to^amhor-ze  it.        '  "'  """^ 

Hoo.  Secrelarr  after  recent  "f^if    ""''"We.     It  »il!  be  Men  ihat  Ihe 
.ion  ,or  .ulH,i/e„ce"  a7Sci°„,       '  "  '"''°""''  '"«  '"'"PP'opm- 


jif 


MMI 


if-, 


11« 

But  the  Act  of  Congress,  respecting  the  issue  of  treas- 
ury notes,  has  been  misunderstood.  It  docs  not  author- 
ize the  payment  of  claims  in  those  notes,  beyond  the 
amount  of  actual  appropriations.  It  only  authorizes  a 
payment  in  those  notes,  wjiere  the  debt  is  ascertained  ; 
and  an  appropriation  for  payijig  the  debt  has  been  mudo 
by  law.  Mr.  Anilerson's  debt  is  ascertained ;  and  it 
could  be  paid  in  treasury  notes,  or  it  might  be  received 
in  subscription  to  the  loan ;  but  for  the  single  constitu* 
tional  reason,  there  is  no  law  that  appropriates  money  to 
pay  it  ;  the  general  appropriation  being  exhausted. 

An  effort  is  making,  in  a  lawful  manner,  to  enrich  tho 
appropriations ;  and  the  Department  may  be  able,  not 
only  to  subsist  the  Army  for  the  current  year,  but  to  pay 
off,  at  least,  a  part  of  the  arrearages.  On  this  ground, 
however,  nothing  is  meant  to  be  promised  in  Mr.  Ander- 
son's case,  more  than  in  numerous  other  cases,  greater  in 
amount,  if  not  greater  in  h(^rdship. 

6thj  June  1815. 


I 


Sir— 


War  Department,  June  20th,  1815, 


On  the  15th  of  March  last,  a  warrant  issued  in 
your  favor,  agreeably  to  the  certificate  of  the  accountant 
of  this  Department,  for  one  hundred  and  eighty-one  thou- 
sand two  hundred  and  forty  three  dollars  and  37-100,  the 
balance  found  to  be  due  to  you  on  your  late  contract  ; 
the  payment  of  which  has  only  been  delayed  by  the  want 
of  funds  to  meet  this  item  of  Army  expenditures.  When- 
ever an  appropriation  shall  be  made  by  Congress  for  the 
.subsistence  of  the  Army,  and  which  no  doubt  will  be  one 
of  the  first  acts  of  the  approaching  season,  your  draft  in 
favor  of  W.  Fish  for  the  above  amount,  will  be  duly  hon- 
ored by  this  Department. 

I  am,  sir,  very  respectfully. 

Your  obd't  servant, 

A.  J.  DALLAS. 
Elbert  Anderson,  Esq. — Late  Army  Contractor,  JV.  Y. 


'•'TS-imnk.mm 


IIS 


Department  of  War,  10  July,  jgjg. 


li 


SIR, 

Elbert  AnJer.o„  the  muMhiT.",''^'''  "f  "=  '"''""'o 
dred  ,,nd  fifty.,,,,  dollars  an?4r,nn""^""'' ««^''"''im- 
dol lars  of  whicl.  can  immedla  i|v  ll  '•  [T^  "'""^ond 
Baltimore,*  and  tl,e  rosK^ue  wf';  h!  '^7'^  ^  "  '''■''"  «» 
gress  «lmll  make  the  neiessarv  L    '""•'  '^''^"^''er  Con- 

I  Imve  tile  honor  to  U^Z    ^  "PProprintien. 
.ervunt,  '^"°'  '°  ^^  "'"r  re.pectfully,  your  obedient 

E.  Ander,on,  Esq.  New-York.  ^^*^'  ^"^"AM. 
Sir-  Department  of  War,  12th  July,  ms. 

by  c°.'o«K:fe„varfo'r  i'i'«  •^r"--* 

there  ..due  you  seren  thousand  hi    i."","'^  "*'5,  that 
ty  nine  dollars  and  thii-iv  ft.?  "^^  hundred  and  eigh- 

comract,  which  w  II  M"/«f"'«.  °"  "ecount  of  y?„ 
"■ake  the  necessary  apprSLT""  "'  ^""^reaa  Jhall, 
^liave  the  honortobe, 

With  great  respect, 

Your  obedient, 

Elbert  Anderson,  Esq.-N.  York.  ^^^'  ^^AHAM. 

(Extract.) 
DEAR  SIR,  ff'aMngton,  llth  July,  1815, 

ment«havebI^'n^epoTed'i„^S"  ?'''«««veral  settle- 
•Ppropriation  for  the  sub^s,tL.  r?^''"""" '  ^"'»«  *« 
f^usted,  I  don't  think  it  wml  ''^  "'^.  "T^  '«  °«"ly 
.^.ni;;;^^-;;^..,.        "  '""  ''^  P'-'«=t.cable  for  you  to 

"««  .P««  „.  ,i,.10,i.i„,;;S«"' "'°"""  """k  P'Per  of  K.„.Vo,t,  „d  12 


y 


(i 


114 

o1>tnin  full  payment  of  your  debt  until  now  nppropriationt 
shall  liava  btjeu  made  by  (njuirross.  But  if  full  payment 
shall  tiot  bo  miulo  bofuri  this  timr,  I  think  tkrrr  is  no 
douht  but  Congress  will  provide  for  the  indrmnijication 
of  the  creditor  ami  especially  where  essential  eorvieoi 
have  boon  faithfully  rendered. 

With  proat  roHjwet  and  esteem,  I  am,  dear  eir,  your 
moRt  obedient  servant, 

E.  Anderson,  Esq,.  TOBIAS  LEAR. 

(Extract  from  the  Protocrl,) 

New-York,  Ai^irmt  22,  1 8 1 5. 

SIR,— Tn  the  bejiinning  of  die  present  month  I  lunl  th# 
honor  to  uu  jross  you  on  the  subject  which  occupied  our 
oonvcraat'iOn  when  last  in  Philadelphia* 

Confonnabl*  to  your  wish  7  forbore  "  to  embarrnas  yonr 
mind,"  but  proceeded  to  New-York  in  expectation  of 
hearing  from  you,  which  I  understood  would  be  in  a  week 
or  ten  days  from  that  time.  Heretofore  my  faith  and 
patience  has  suatninwl  mc  in  the  disappointment  I  have 
so  often  recf^ivcd  from  the  Department  since  you  have 
had  the  honor  to  preside. 

I  am  aware  of  the  multiplicity  of  your  duties,  and  your 
Treat  exertions  to  relieve  the  finances  of  the  country,  but 
sir,  may  I  not  reasonably  ask  if  no  attention  is  due  to  ser- 
vices long  and  faithfully  performed,  an  those  which  my- 
self and  colleagues  have  rendered  the  (Government  in 
the  most  critical  times. 

1  therefore  again  have  the  honor  to  solicit  from  you  an 
oarly  reply  whether  or  not  I  can  be  paid  in  the  current 
ifp.  noy  of  N.  York  or  in  Treasury  notes  at  par,  any  pro- 
v  'tion  of  the  great  balance  now  due,  as  may  be  within 
your  power  as  Secretary  of  the  Treasury  to  grant. 

I  pray  you  to  consider  the  freedom  in  which  I  address 
you,  as  not  incompatible  with  the  respect  I  have  for  yQU 

personally.  .  .  . 

I  have  the  honor  to  remain  vour  fellow-citizon,  «c. 

ELBERT  AJNDEKSON. 


t 


TT        - 

jion. 


1     ■n.,ii^« 


\ 


riationt 
tiytncnt 
r  is  no 
icaiion 
ervicoi 

ir,  your 

:ar. 


1815. 
ha<^  tht 
iod  our 

isB  your 
Ltion  of 
n  week 
ith  and 
:  I  Imve 
lU  havo 

nd  your 
try,  but 
to  ser- 
L*h  iny- 
ncnt  in 

you  an 

current 

ly  pro- 

within 

iddresB 
for  jreu 

&.C. 

ON. 


115 

Kir    ir    ■'^''"'■"'"1  ^'/'"^'mfnt.  April  nth  ^nt<- 

•»"li  (or  KM)  ,|„||„r„  :,,  „,,„..     ,    ''-  """■'""iiry  ii.tOB  and 

I  ""•.  very  rcnpecCully,  l^l yZ  ll^tj:!^  '''"'"»"•• 
E.  An(ler.on,  Ksq.  N.  York.      '^^  ■*■  ^^^'^A®- 

sir~Y„,.rTrr:;i!:vf ir''::''''.  -^r"""  '^'  ""•>• 

t"l<l  explicitly,  ilmt  „"       '•^"'""■''  '  ^"'1  I1.IVC  Imoa 

J  ""'  v.^ry  r,,«,,oc,/„lly,  Si^.  y,^,  X,  '™;';,^ 

Mr.  Elbert  A,„?orson.  Now-V„rk.'^'  "'*  ~^^^^^- 

},  certify  tl,mir"w«  tC'"'';?'  ^""" •'"'  9-  '"SS- 

er.|.t«fro„ul,c  rccordVol  ull^offit^"  ""  '"'""'"  '"'"«' 

VVM.  JV.  CRAWFORD. 

co««.l.rablc  delay  w  id? t';?!,^''"  ",'  '="".«e.|u<,nce  ,.f  , 
payment  of  mydnd-t  i  fi  v  w'w  K !' ""r"'  '!'«  ."^-"Pt 
n»ce  roportc.l  i„  „,y  f„v„r   v  .1,!"         '  ''"'•  '*"■  '■■"'  "•"'- 

Ij"  "■me  since  it  wn.s  report  vlTi  '  "'"  .'""•■•■«■'"  "*'  ""« 
dollorn  ;  ,ny  contract  eXl'  I  "'""•'.v  ten  tliousand 
Government  nix  per  cent  on     M  'I  ""'""""*  '"  W  "'« 

on  settlement.  Will  ',"  at  T''  '°""''  <''"^  ''"'"> 
.^ ..ot  a  ju»t  and  „eoe»„ury  principle 

__      1810,     JOlli    Anfll     n     a      i       ■  * 


w  ^2p,v„,;f/;';;;„,^,/-k^.;-i;_.ord  „,  „  ,.4 


I>er  cent,    idth  Mh"  » 


■.r; 


1 


i 


s^msM^^im^ 


I 


•>' 


I 


116 

•f  reciprocity  call  on  Coiif^ross  to  mnke  the  rule  alike  ia 
favor  of  tJic  public  creditor.* 
1  rem  lin  your  obedient  Hervnnt, 

EL13EUT  ANDERSON. 
Hon.  A.  J.  Dallas. 

Loam  itiade  to  haiah   Touiisriid,  by  the  New- York 

^tale  Bank, 

Amount, 


1813,  March   31, 
"      June  23, 
"      Jukj  7, 
'*       "     21, 
«       "    28, 
August  4, 

11, 

25, 


1814,  February  23, 
iW«y/  4, 

18, 
Jirewc  15, 
August  17, 
October  19, 
December  21, 

1815,  February  22, 
^7>ri7  jy. 


(( 


;^  1 0,000 

10,000 
10,000 
10,000 
20,000 
20,000 
20,000 
20,')00 
60,000 
25,000 
50,000 
50,000 
50,000 
50,000 
50,000 

5(),0(;o 

50,000 


m 

32 
G6 


1816,  February  13,  interest  paid  on  the 
last  note  from  2 1st  June  I8i5,  to  8th 
February,  181G, 


Discount, 
^56  06 
56 
108 
106 
210 
213 
152 
113 
330 
125 
300 
533 
533 
525 
525 
525 
5i53 


32 
68 
32 


30 
30 


#1,941 


30 
70 


#6,889     22 
Loans  made  to  John  Toic7iscnd,  by  the  New-  York  State 

Jiank. 
1813,  3Iay5,  $20,{)00  #110 

Sept.  29,  40,000  420 

Oct.  0,  40,000  420    950 


7,839    22 


*  l(  will  be  seen  by  Ibr?  lOlh  article  of  the  Contrfld,  that  if  any  balance  is  due  the 
gove'  iiM.enr,  iiie  inti  re;i  hi  i  hospects  back  lo  the  lime  tUe  contract  expired,  ulthougb 
tlie  debt  should  sub$eijucitily  bu  uscuvlaiiiKd. 


h 


3N 

• 

-York 

count. 

>6 

06 

)6 

66 

m 

32 

)G 

66 

0 

13 

32 

)2 

68 

13 

32 

30 

15 

JO 

33 

30 

33 

30 

25 

25 

25 

[53 

30 

117 

iVcwj-For/^  iSte^c  7?awA-,  Avg.  2,  1823. 

I  certify  that  the  preceding  is  an  account  of  sundry 
loans  made  to  Isaiaii  Townsend  and  John  Tovvnsend  by 
the  New- York  State  Bank,  at  the  periods  above  specified, 
with  the  discount  and  interest  paid  tiiereon  ;  which  loans 
were  then  represented  by  the  borrowers,  and  were  un- 
derstood by  the  Bank  to  be  for  the  purpose  of  carrying 
into  elfect  a  contract  mach)  by  Elbert  Anderson  (in  behaff 
of  himself  and  his  associates)  with  tlie  Secretary  of  war, 
for  supplying  the  United  States  army  with  provisions. 

JOHN  W.  YATES, 
Cashier  of  the  New-York  State  Bank* 


Treasury  Department,  Rcgr's  OMce,  Oct  9,  1823. 
SIR, 

In  compliance  with  your  request  of  the  6th  instant, 
I  have  to  refer  you  to  the  following  statement  of  the 
manner  in  which  the  several  drafts  on  the  Secretary  of 
War,  therein  referred  to,  were  paid  ;  whether  the  Banks 
upon  which  the  Treasury  drew,  in  payment  of  your  bills, 
did,  at  the  time  redeem  their  notes  in  specie,  cannot  be 
ascertained  from  the  records  of  this  office  ;  neilf«er  do 
they  exhibit  any  information  as  to  the  relative  value  of 
Treasury  notes  in  other  parts  of  the  United  States  ;  those 
issued  at  the  Treasury  were  considered  as  at  par  when 
issued. 

I  am  very  respectfully,  sir,  your  ob't  serv't, 

MICH'L  NOURSE,  for  the  Re^'r. 

Note.  Tliis  certificate  was  exhihitfd  to  show  thai  the  joint  capital  of  the  con., 
tractor  and  liis  associaies  was  iiotsuliicieiil  to  make  the  necessary  advances 

The  demand  of  interest  grows  out  of  an  ascertained  debt,  and  accounts  fiirnish- 
ed  by  the  creditor;  and  interest  can  be  c'aimed  by  nsaee  »>r  without  the  usai;e  of  liie 
War  Depaninent,  and  it  was  so  stipulated  liy  my  proposRls,  I  was  to  possess  (he  ne- 
cessary funds  J  these  funds  had  always  iieen  yiveri  tliree  mori'hs  in  ad  aine,  uiitil  the 
fiscal  concerns  ol  the  United  States  in  lbi4  became  deriin«;ed.  I  he  imensi  from  the 
time  the  parly  had  a  riglit  to  draw  (three  months  ia  advance)  isrccoeiuzed  iu  the 
deciaionofSecretary  Crawford,  of  2      Jan.  1817. 


I 


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119 

Wo  horohy  certify  thnt  upon  nn   oxaminntlon  of  our 
books,  It  appears  tlmt  U.  S.  treaaury  notes  in  tliis  nmrket 
were  ' 

y  ^,"  ^^"'ll''  <>^  April  in  the  year  one  thousand  ci^rht  hun- 
dred and  fourteen  nt  [>ar,  jinyahle  in  specie.        ° 

On  the  ein-lite(«nth  of  April,  one  thousand  eight  hundred 
and  fourteen  at  par,  f);iyal)le  in  specie. 

On  the  twenty-firih  of  April,  one  thousand  oiMit  hun* 
dred  an(l  fourteen,  at  ninety-nine  and  one  half  per  cent, 
payable  in  specie. 

On  the  twenty. ninth  June,  one  thousand  eiffht  Iiundred  * 
and  fourteen,  at  ninety-nine  and  one  half  per  cent,  pay- 
able in  specie.  ^  ^ 

On  the  first  September,  one  thousand  eight  hundred 
and  hfteen,  at  eiirhty-nine  per  cent,  payable  in  specie. 

And  on  the  eleventh  day  of  .lanuary,  one  thousand  eln-ht 
hundred  and  sixteen,  at  ninety-one  and  forty-three  hun- 
dredths per  cent,  payable  in  specie. 
Mw'  Fork,  1 0th  Novcinhcr,  1  P.23. 

PRIMK,  WARD  &  SANDS. 
JVEVINS  &  TOWiNSEND. 

City  and  Countij  of  New- York,  ssi.-^On  the  tenth 
day  of  November,  one  thousand  einht  hundred  and  twen- 
ty-three, personally  appeared  before  me,  Joseph  Sands, 
known  to  me  to  be  one  of  the  firm  of  Prime,  Ward  and 
Sands  of  this  cily,  i'^xchanoe  Brokers,  and  acknowledr*-- 
ed  that  he  had  executed  f  he  within  instrument  in  the  name 
of  said  Firm,  and  for  the  purposes  tluMoin  mentioned. 

O.  11.  IIICKS,  Coriimissioncr* 

CiUf  mid  Comity  of  Nnu-  York,  s.?.— On  the  tenth 
day  of  November,  one  thousand  ciojit  hundred  and  twen- 
ty three,  personally  apf)eared  before  me,  Russell  II. 
Nevins,  known  to  me  to  be  one  of  the  Firm  of  Nevins  <fe 
Townsend,  of  this  city,  Exchan^re  Brokers,  and  acknow- 
ledged that  lie  had  executed  the  within  instrument  in  the 
name  of  said  Firm,  and  for  the  purposes  therein  men- 
tioned. 

O.  II.  IIICKS,  Commissioner. 


M 

1 


I2§ 


»m, 


IVashingfon  July  11 /A  1815. 


I  recolloct  rccclvinsr  fjio  lottor  ;i(l(lroaso(]  to  mo  by  you 
while  T  was  in  the  Depanniciit  of  War,  bc.irinir  dnto  on 
tho  4tli  January  Inst,  and  am  sutisfietl  that  I  assured  you 

thiit  you  should  sustain  no  loss  which  I  could   prevent 

J  he  troops  in  the  Eastern  8l;ites  were  in  great  distress. 
I  was.iw.'ireof  liie  depri-eiation  of  Treasury  notes;  it 
Wiis  iiuhspcnsahh'  to  supply  the  troops,  and  it  seemed  (o 
be  just  that,  as  the  government  couhl  not  furnish  you 
vvMh  a  paper  which  circulated  at  par  in  thnt  quarter,  yuvL 
ought  to  he  in<h'tnnifi(Ml  against  the  loss  arisin<r  from  the 
depreciation.*  I  considered  yo«ir  case,  at  the  time,  as  ren- 
dered peculiar  hy  the  situafion  of  the  troops,  and  the 
exigency  of  the  public  service  in  the  quarter  to  which  your 
contract  applied. 

1  am,  sir,  with  great  res[)ect, 

Your  very  ob'dt  servant, 

Signed,  JAI\iES  MONROE. 

James  Bvers,  Esq. 

True  c  ipy .—Peter  llagner,  auditor. 


/ 


•  "j 


The  Accountant  in  settling  the  accounts  of  Contrac- 
tors for  1814-15,  will  allow  all  claims  supported  by  evi- 
dence of  loss  sustiiined  by  payment  of  interest  or  dama- 
ges, in  consequence  of  the  department  being  unable  to 
make  the  necessary  advances. 

Also  all  losses  sustained  upon  the  issue  of  rations,  not 
rc()uirable  by  the  contract. 

AH  claims  arising  from  loss  sustained  by  requisitions 
not  authorized  by  the  contract. 


*  This  Inter  was  npplif^d  fo  the  claim  of  Jan-es  Byprs;  the  principle 
li()\v>ver  IS  LMiirriil,  iirid  shows  l he  just  iuul  enli;  h:ened  views  of  the  wri» 
ier.  Tlif  rrt.scoi  the  pre&rnt  claiii.aiil  was  stronf;tr,  and  required  the  pe- 
'.uliar  protection  of  the  U.  >ti.tps— his  ^lale  a»d  Ji.trni  was  the  actual  seat 
cl  war  ;  both  Soullinn  and  Northern  Frontiers  were  nien.ueH  an.i  icvaded 
by  a  vindictive  foe,  and  the  ronsiani  anu  untx^jetieU  culis  lor  the  JVlililia 
had  to  g^  n!€t  by  iQinrje^iJa.o  Ewppiics. 


--X. 


,  '■miigj'tnliiii. 


i'.*.«i&-^ 


^h  1815. 

!  by  you 
into  OH 
I'L'd  you 
event — 
distress, 
otes ;  it 
enied  to 
lisli  vou 
ter,  y(»u 
oui  the 
,  ns  ren- 
uid  tiie 
icli  your 


lOE. 

auditor. 

/ontrac- 

by  evi- 

dama- 

able  to 

ms,  not 
liisitions 


principle 
the  wri' 
\\  the  pe- 
ictual  seat 
I  iiivaded 
lie  Militia 


121 

The  Oontrnotor,^.  will  be  required  to  account  for  all  pre- 
muun.  reco.v.d  u,,o,i  tlto  sale  of  bil]«  negotiated  by  them 
on  the  GoveianiKMit.  ^        " 

(JSiped)  W.Tf.  CRAWFORD. 

Recnvcd  hj   ike   Accoimiant  21tk  January,    \m 
from  the  iSccrctarij  of  War.  -^  ' 

True  copy,  Peter  Ilagner,  Aud. 


(Extracts  from  Pvhlk  Doaments.) 
1  he  docLsions  of  ih(3  War  ])e|,artn.(mt,  .o  called,  were 
wntten  ,nstruct,c.ns   dinMt.d  to  the  Accountant  of^  Ho 
War  Department,  to  ^rovorn  Imn  in  the  settlement  of  Con- 

m  Mr.  1  idtt  s  case,  dated  27  Jarmnry  i816,  by  the  then 
becretary  of  War,  .successor  to  the  one  vvi  o  made  Le 
assurances.  ^   "^° 

(^cc  report,  Platfs  case,  in  public  documcnts^p.  8.; 

Tlic  first  of  tliose  cliar-cs  (viz.  for  21,000)  is  f„r  «„ 
allowance  made  by  the  tlicii  Sccrotarv  of  W-,r  i„  JL 
qucnce  of  Mr.  pfatt's  drafts  on  tl.e'civen  ,  ;er"t  W 
protested,  say  10  per  ct.  on  #210,000  as  a  reasonable 
compensation  for  t be  damages,  &c.  sustained  by  he 
Contractor,  from   the  want  of  fun,ls,  and  the  deL  of 


In  point  of  fact,  there  lind  been  dccuiom  of  the  Den't 
be  benefit  of  wbici.  as  Oe.:,.iou.  had  already  tcnTx: 
tended  to  Mr.  I'.att ;  such  for  instance  as  the  dan",  ;e, 
on  protested  bills  of  exchange.  There  had  been  a  'v 
««m  also;  such  tor  instance  as  that  for  supplies  to  di,- 
^esse,    inhabitants.     But  these  were  not  'conceded  io 

vl'  it  if  •,/n''''''?"  "♦  !;"y  *■•'»':""«  I'o  had  received. 
mII  ""I'P"*'"'''."^,''  '•"'"I- «"  l"»i,  i>iit  in  commcii  with 
all  other  accounts  similarly  circumstauced,  and  a.  a  mattl 


^ 


I 


. 


a£^os  p?irtlciilnrly,  wa« 


122 

ofri^uU     The  rlocision,  ets  to  dam.,, ... ,,..._. „,„. 

a. general  decision  of  the  War  Department,  establlshinff 
a  rule  tor  tlio  accountinG:  officer,  in  all  casos.of  bills  dis- 
honored and  protested,  on  account  of  the  inability  of  die 
Government  to  pay,  embracinir,  then^tbre,  all  protested 
bills  which  the  parties  had  a  right  to  draw. 

(Report  of  if  elect  committee^  page  8.  J 

In  the  final  settlement  ofthe  accounts  of  Mr.  AndersoB 
there  was  upwards  of  two  hundred  and  fifty  thousand 
dollars  due  him,  but  he  had  no  damages  or  extra  price 
iTor  rations,  allowed  him  in  consequence  of  the  advances 
he  made. 

(See  T.  Rin gold's  Letter,  public  document ) 

I  am  of  opinion  upcn  the  witliin  case  that  Mr.  An- 
derson IS  justly  and  equitably  entitled  to  interest  at  the  rate 
of  six  per  cent  per  annum,  during  the  period  of  the 
delay  of  payment  of  the  balances  declared  in  his  fa- 
vor. The  Ijalnnce  due  him  was  by  the  contract  with  him 
to  be  immediately  paid,  and  he  was  made  chargeable 
with  the  like  rate  of  interest  for  any  default  of  repayment 
on  his  part.  '' 

^„    ■  ,  JAMES  KENT. 

Albany,  Octoher,  21,  1823, 


hi 


I  have  considered  claim  No.  8,  and  am  of  opinion  that 
Mr.  Anderson  has  a  just  and  equitable  claim  to  interest 
only  from  the  period,  the  balances  were  officially  declared 
and  warrants  issued— the  claim  of  interest  in  my  judg- 
ment rests  on  a  solid  foundation — the  contract  binds  the 
contractor  tu  pay  an  intercut  of  6  per  cent  on  any  ba- 
lance that  may  be  due  to  the  United  States  on  settle- 
ment of  accounts  from  the  expiration  of  contract 
untd  paid.  The  contract  provides  that  if  any  balance 
shall  bo  dur',  tiie  contractor  on  any  settlement  of  accounts 
%c  sah'ic  t'/iall  be  immedialeli/  vaid.       h  will   ^M^t   b^ 


'i<>-\,i, 


*•  i^iMwr^i  ^  --i"iy^ 


•4»M 


M 


1«5 

Interest  on  balance  official'  -  declared  due,  until 
paid,  as  set  forth  in  my  account  before  the 


second  comptroller 
Discount  on  56,700  DIls.  received  in  treasury 

notes  1  Sep.  1815at  11  per  cent  is  6237 
Discount  on  188,632,91  received") 

m  treas'y  notes  11  Jan.  1816, 

at  8  47-100  per  cent,  is 
As  pr  certificates  Messrs.  Prime,  f 


10,000,00 


15977,20     22,114,20 


Ward  &  Sands,  and  Nevins  & 
T«wnsend,  J 


;S^67, 739,20 


Note.  Had  the  Government  borrowed  the  above  Rum 
which  they  were  bound  to  furnish  by  contract  and  usa^ 
It  would  have  co.t  them  at  that  time  #20  for  every  hunl 

onloo  «or'^'  ^-    ^'^'''  ''''^  *^^^"^  ^t  SO  per^  cent 
on200,«00  IS  #40,000 


I 


Extract  from  the  Report  of  select  Commttte  on  Fiatfs 
claims,  (page  28,  session  1824.J 

No.  21  Public  Documents. 
1  he  sixth  and  last  item  of  allowances  (^21,000)  was 
for  damages  on  bills  protested.     I  am  aware  that  Gov- 
ernmentpays  no  interest  or  damages  in  ordinary  case.. 

Llirupon.^  '''  '"^^'''^  ''  ^'  '^"^^ '"  P^y  when  justly' 

v;Ji!!l^"'/^'^  no  doubt  exists  but  that  Mr.  Piatt  had  a 
nght  to  draw,  and  that  the  Government  could  not  pay. 
The  act  passed  for  Mr.  Piatt's  relief,  required  the  accoLt- 
ing  officers  of  the  Treasury  Department  to  settle  his 
claim  upon  just  and  equitable  principles. 

1  he  universal  practice  and  laws  of  nearly  the  whole 
civihzed  world  has  settled  ic  as  a  just  and  equitable 
principle,  that  the  interest  and  damaffes  should  folln^  « 
protected  bill.  The  second  Comptroller  did  not  Think 
It  just  and  etjuitabl©  to  allow  interests  and  damages,  and 
*         # 


•••^A 


*  * 


126 

hT.l^!^n  *■'?  ^r'^""^  T'"  ^"*  ^^'^^^  cost  of  the  rations. 
K  IS  also  said,  that  no  damages  were  paid  by  Mr.  Piatt 
1  Ills  18  a  question  never  asked  by  tlie  drawer  of  a  bill. 

Jie  fact  ofabdl  bein;?  protested,  is  always  considered 
asofequivalentdamaoetothe  hohler  to  tlie  amount  al- 
lowed. 1  hKs  Item  was  considered  as  an  allowance  on  its 
own  merits;  it  did  not  more  than  remunerate  the  Con- 
tractor  tor  the  damages  sustained  in  having  liis  bills  pro- 


OPINION. 


thi^nr'^'''??^'^'''  ""S^^e^^sary  delay  on  the  part  of 
the  OlTicers  of  tlie  United-States,  was  to  be  iriven  to  the 

settlement  of  the  accounts  of  Mr.  Anderson.  This  was 
in7enoT!r  T'rT'^  "'  '"'  '^"''•^'^«^'  ""^  if  it  had  not  been 
vhh  '^  M  rr'''^^'""^'''^^''^  not  duly  passed  upon 
whicasonabe  diligence,  he  ought  not  to  iutfer  by  the 
dtlay      H,«  cla.m  for  interest  upon  the  balances  found 

v^orJTi  ^^^'^'Vr^'^'^T'^^  ^''^^  ^^'''^"  '^'^  accounts 
weie  rendered  and  the  vouchers  furnished)  from  the  time 

t'lW-rf  l'^*'.^7r'  ^'1""  ^''''''^  upon, appears  tome 
veiyjustaid  eqmtablo;  I  am  of  opinion,  therefore,  that 
he  is  entitled  to  interest  according  to  th^  within  claim. 

.n         ^  JAMES  KENT, 

Alba7iif  Oct  22,  U2S. 


I  have  coiisulered  Mr.  Andorson's  third  claim  upon  the 
Cxovernmcnt,  founded  on  the  delay  of  the  accountant  to 
settle  and  report  upon  his  accounts  which  he  alledffes 
wtre  furnished,  supp.,rte(I  by  vouchers,  in  the  manSer 
and  form  requi  red  and  at  regular  periods.  In  the  nature 
of  things,  as  well  as  by  the  understanding  of  the  parties, 
advances  were  to  be  made  to  the  Contractor,  in  anticipa' 
tion  to  enable  h.m  to  comply  with  his  contract;  his  right 
to  thes.>  a  Ivances  would  necessarily  depend  upon  the  fact 
.n  .  ^),  ,,,^  acuuuiiiH  vvuuiu  lUstiiv  ihein.  It 
is  provider  by  the  contract  that  no  unreasonable  or  im^ 


I 


"«r» 


i 


"% 


!  rations, 
[r.  Piatt. 
L  bill, 
iisidered 
uunt  ni- 
ce on  its 
lie  Con- 
cilia pro- 


I  part  of 
1  to  the 
liis  was 
ot  been 
d  upon 
by  the 
s  found 
ccounts 
he  time 
s  to  me 
re,  that 
laim. 

:NT, 


pon  the 
tant  to 
Hedges 
nanner 
nature 
parties, 
iticipa- 
s  right 
he  fact 
iin.  It 
or  iiD- 


I 


i 


127  ♦ 

necessary  delay  on  the  part  of  the  Officers  of  the  U. 
8t"atos  shall  In;  given  to  to  the  settlement  of  the  accounts 
of  Mr.  Anderson.  If  this  delay  took  place  whereby  the 
Contractor  was  deprived  of  his  right  to  draw,  three  niontlis 
previous  to  the  expiration  of  his  contract,  it  musit  be 
manifest  that  he  he  was  not  only  deprived  of  funds  to 
which  he  was  entitled,  but  that  he  might  have  been 
greatly  embnrrassed.  In  my  opinion  he  has  a  just  claim 
on  the  Government  for  this  infraction  of  the  contract  on 
their  part;  I  know  of  no  rule  of  compensation  so  free 
from  objection,  as  the  one  which  would  apply  in  contracts 
between  individuals  that  would  be,  to  compensate  the 
injured  party  by  payjig  him  interest  on  the  balance,  from 
the  time  the  amount  ought  to  have  been  settled,  to  the 
period  when  it  was  actually  settled. 

A.  SPENCER. 
Oct.  27,  1823. 

li- 
lt seems  to  me,  that  the  Contractor  is  entitled  to  inter- 
est from  the  time  he  had   a  right  to  draw,  till  paid,  and 
also  to  damages  on  all  protested  bills  he  had  a  riffht  to 
draw,  and  did  draw. 

THOS.  ADDIS  EMMET. 

New- York,  Nov.  5,  1823. 

Reply  of  the  late  Contractor  to  the  remarks  made  by  the 
third  Auditor,  on  the  Contractor's  claim  for  dama<res 
and  interest  on  the  amount  officioUy  declared  due  me 
as  per  statement : —  ' 

^%P^H^  *^'^*"^  ^^^  ^^^^  reserved  in  all  my  letters  to  the 
War  Department,  extending  retrospectively  to  the  time 
that  my  contract  expired— that  is,  1st  June,  1814  All 
the  services  had  been  performed,  and  equivalents  had 
been  rendered  before  that  day  ;  and  by  every  rule  and 
usage  of  the  War  Department,  I  was  entitled  on  that  day 
to  txie  amount  then  due  me.  According  to  the  decision 
of  the  Hon.  W.  H.  Crawford,  of  27  Jan.  1816,  the  claim 


\l     '4 


•  128 

olintorest  mi^ht  be  cnrricd  back  to  the  1st  March  1814 
the  tunc  when  it  is  ackncwlcdrrcd  I  had  a  riirht  to  draw 
in  advance  for  funds  ro(,nirrd  for  the  ensuing  quarter    My 
etterof  Oct.  27,1814,^^ 

that  the  treasury  rfotes.  which  was  then  the  only  pavment 
which  the  Government  had  it  in  their  power  to  make 

tttlarf"'??//"''^'-'""^^  ^«^^'-^'  bear  interest 
from  that  day.  jf  this  reasonable  request  had  been  lis- 
tened to,  I  would  have  received  some  compensation  for 
the  depreciation  of  the  paper,  and  delay  of  payment  in 
he  amount  of  interest  at  5  and  --5  per  cent  fro.n  the  pe- 
riod the  services,  and  equivalents  were  rendered-tha  is 
to  say,  the  hrat  day  of  J  une  1814. 

My  demand  under  equitable  considerations,  according 
tothe  general  decision  of  Secretary  Crawford,  would  bf 
as  follows  :~Take  the  amount  of  the  average  expendi- 
tureof  each  quarter  at  the  lowest  sum  of  250,000  dollars. 


Interest, 
;^3750,00 


250^000  from  1st  March  to  the  1st  June, 
Vo      from  1st  June  to  the  time  when  the 

vouchers  wcreabsolutelyfurnishedubout  ^    6250,00 
1  J\ov.  t  ' 

Vo     from  the  1st  IVov.  1814,  to  the  time  ) 
the  first  balance  was  declared,  March  >    5625  00 
15, 1815.  i    ^__..^ 

rp^  ,, .       , ,  ,  TOTAL    ;^15,625,00 

io  thit^  add  damages  on  my  bills  protested 
for  200,000,  which  at  Id  percent  (the  al- 
lowance made  to  John  H.  Pi;itt  on  a  decis- 
ion confirmed  by  a  aelect  committee  of 
Congress)  are  20,000,00 

*  To  Ii  •    •  *   u      ,,11  ^35,625,00* 

1  o  this  IS  to  be  added  the  actualinterest  af- 
ter the  balance  had  been  ascertained  and 

^^f^^,^^^^'  10,000,00 

and  discounts  on  treasury  notes  22,  ^  » 4,20 


r 


67,739,20 


h  1814, 
to  draw 
ter.  My 
equeats 
aymcnt 
make, 
interest 
!en  Jis- 
ion  for 
went  in 
the  pe- 
-that  is 

ording 
)uld  be 
pendi- 
loUars. 

rest, 
0,00 

0,00 


5,00 
5,00 


29  ^ 

The  protested  drafts  are  the  following  : 
1.  Draft,  dated  New- York  Oct.  27,  i8J4, 
on  the  Hon.  James  Monroe,  at  siglit  pro- 
tested at  Georgetown,  D.  C.  2  Nov.  1814 
as  duly  attested  by  William  Smith,  JJJo- 


tary  public,  for 


150,000  Dollf. 


2.  Draft,  dated  Nr  w-York  Oct.  27,  1814   " 
at  15  days  after  dute,  on  the  flon.  James 
JMunroe,  protested  at  Georgetown,  D. 
C.  15  Nov.  1814,  attested  as  above,' for'  50,000  Dolls. 

200,000  Dolls. 
The  above  ^35,625,00  was  submitted  to  the  third  Au- 
ditor m  my  letter  of  8  August   1823,  as  the  amo^Lt  of  a 
claim  under  equitable  allowances,  according  To  the  de^ 
cisionof  Secretary  Crawford  of  27  Jan.  1 8 1 6,1  tablish  t 

•  Str^y oV^W'^r!^""  ''  ''"^  ^^"^^^^^--'^  ^^^^-  HoT 

.i.^h  P  r  ^^"^  '^''I'"''  however,  as  now  referred  by  the 
third  Auditor  to  the  second  Comptroller,  it  will  be  per- 
ceived includes  none  of  the  above  claims  in  equi  7  ItL 
a  claim,  under  the  tenth  article  of  my  contract  comnri.in^ 
only  the  interest  accruing  from  th  .^iu"e  when  re™ 
actually  j3aid.  The  cenificate  of  John  W.  Yates  was 
^xhibited  by  me,  not  as  a  rule  of  damages,  but  to  show 
that  thejomt  fortunes  of  myself  and  my  associates  wero 
not  competent  to  furnish  tiie  capital  rec^iirc^hTcarrv  the 
contracts  into  execution.  The  funds  nUJsla,^  b  tt. 
purpose  were  the  subject  of  an  express  stipuiutLn  in  nv 
letter  of  proposal  of  6th  January  1813.  ^ 

The  amount  borrowed  ol  the  Bank  previous  tn  th^  1  . 
June  1813  is  small.  .See  the  Cen£ritid^ 
The  amount  borrowed  of  the  Bnuks  at  the  special  i'^ 
of  the  real  embarrassnient  of  the  fiscal  concerso/r 
vernment:  viz.^in  1814 '15 '16  constituterneLlv  tl?; 
aggregate  besides  other  siim«  hnr.o.,..^  k,  .!„  ^"""^y  "'^ 
or  of  Banks  in  New-York;  on  his';;;;"^^;;;!^^^ 


U 


( 


•^  160 

very  disinrremious  inquiry  of  tho  tlio  third  Auditor,  "  cun 
dunmgcB  be  claimed  on  the  •rrouiid  oftlic  ccrtiUeaio  <d*iiie 
bank  of  having  Imrruwed  niuney  in  March  UJKi?"  in«in- 
uates  a  proposition,  which  the   second  Comptroller  will 
instantly  porceivl?,  is  neither  true  nor  relevant.     TJio  cer- 
tificate enihracos  loans  nia*letVoni  KUJto  i3Feb.  ilj  j. 
Surely  coniifion  decency  ought  to  have  indu';«;d  him   lo 
extend  his  im^uiry  to  tiie  latest  jieriod  when  loans  were 
made  from  the  tState  Bank  to  the  Contractor  for  the  i)«r- 
posc  ol  carrymg  into  operation  the  wi.hes  and  connnaniU 
ot    Government.     Besides,  this  certihcate   is  not  in  the 
least  necessary  to  establish  this  claim  ;  every  body  knows 
that  It  IS  a  principle  of  common  law  recognized  by  all  our 
courts,  that  the  non  payment  of  a  sum  or  balance  due  is 
itselttuH  proof  of  the  I'jss  of  interest,  which  necessardy 
lollows  the  original  debt  until  both  principal  and  interest 
are  Imally  paid. 

The  third  Auditor  has  said  that  at  the  time  of  actual 
payment,  in  I8i5  and  1810,  treasury  notes  bore  interest 
until  pmd  or  funded,  and  that  at  the  same  time,  «  were' 
Jrom  dto  4  per  cent  above  par."  Sir,  if  it  be  a  fact,  as 
alledged  by  the  third  Auditor,  that  treasury  notes  "  were 
from  3  to  ^percent  above  par,"  tiien  the  decision  of  the 
Hon.  Secretary  Crawford  of  27  Jan.  18-6  will  compel  me 
to  pay  the  premium  on  the  amount  so  received  from  the 

,  i?^T  ^y  ^'^^  ^^"^^  *'"'^  '  clai'^  ^rom  the  justice  of 
the  U.  States,  indemnification,  for  the  loss  I  have  sustain- 
ed from  the  payment  of  my  demands  in  treasury  notes  in- 
stead of  specie  ;  a  claim  which  is  reserved  on  the  accounts 
lately  presented  by  me  to  the  third  Auditor,  together  with 
Ihe  right  to  call  lor  the  benefit  of  such  general  provision 
as  Congress  may  have  made,  or  may  hereaftev  make,  for 
the  general  relief  of  public  creditors,  who  have  furnished 
supplies  an(  received  the  amount  in  treasury  notes  or  in 
notes  of  local  banks,  which  were  below  specie  value  at  the 
time  and  place  of  payment. 

The  third  auditor,  however,  has  attempted   to  defeat 
this  claim  by  asserting  that  large  balances  were  previous- 


I 


_,.■» 


I 


tor,  **  can 
cato  ui'iUo. 
3?"  iiiwin- 
roller  will 
Tiio  cer- 

d  hi  111  to 
uuns  w'vvo 
V  the  [)iir- 
|JIlUtln^(l^) 
nut  ia  tJK! 
dy  JiMOWsJ 
by  all  our 
ICO  due  is 
ccessanly 
i  iiitorodt 

of  actual 
B  interest 
e,  **  were 
a  fact,  as 
js  "  were 
3n  of  tlio 
jnipel  mo 
from  tlio 
ustice  of 
3sustain- 
notes  in- 
accounts 
ther  with 
provision 
nake,  for 
iirnished 
)tes  or  in 
lue  at  tho 

to  defeat 
previous- 


A'-' 


131  . 

»/ <luo  Lyme  (o  Govornmoi.i,  <I.irinff  ll,o  existonr^  nf.h^ 

.       contraCH  oC7  Nov.  .811,  an.l  i5  Kol,  IKI3  * 

1  tlo  uut  wish,  sir,  ovcu  in  my  ,|,.foi,ec    i,n,Ior  nil  .i,» 

wrongs  1  liave  Huiroro.l,  to  cast  any  rrflo^iinn        ,i      i '''? 

Auditor,  or  Lis  prc.lecossor  Mr  Sin  1,      ",  ,,7'  "'",""•'' 

a  I  patience,  wircn  i.iy  riglitCnl  .t"::;!  „'r, '  Lr^v.^^ 

by  assertions,  not  at  al  to  the  Durnos,,  nr  „,!.„„      .■'' 

pose,  not  foun,ie,l  in  fact.     AirbuZc^s  Jl  W.  "  ^  ''T' 

termination  of  tlie  contract  rc'ml' e  |  ,^  ',^^1?!' 'f  "^^ '''« 

contractor,  were  advances  voi:       ^'mte  ;/t,.;'^^^ 

would  be  preposterous  to  plead  as  set  <.H»  t,.  „  7'!"="  '• 
interest  on  delayo^l  paynieli.s  "  *"  "  '=''"'"  ^°' 

alllTe7u^S  iJ'ts'srp^L'n  ""^''.^"••"or  were  a. 
I  cheerfully  a^u^  .  m  nf'^wC  "  '"'^<=«"<=«P«ion,  that 
ascribe  theLst  .^^  t^tst  oTI^Iv^r  XtVef 

final  balance,     ^^l.en  the  1^  r;  af  ^  Tv  ."hr'"' 

and  all  the  deposits  made  liv  mvli...  „e  n  * 

been  filed  in  the  office^  -r,.ealWv  in  .      ^'""-''•""'^"Miad 

of  tho  Accountant  DepaCeMitCweMnT''  "'"',  '"'''^ 
for  the  deposit  accounT  bv  H^'  «  "^^"  ""  "',°^^  •"'°Pt«'« 

of  public  fuppiiesTC  S  t:rx::'Ti^7::^i 

oadmjmydoo,.me„tseverreceivedt;.eearLtXntio^ 

If  .tisdeeme,!  necessary  to  substantiate  thirdec  1™  2 

I  have  abundant  proof— and  mv  |pitpr«  „!  7,"^'*"'-"'". 

dence  that  I  have  constantly  labored  to  ^»J^^  t  "!'" 

Touchers  of  debits  wiiJuiiev'oulrT!,lVed™.       "'   ""^ 

Claim  6.     8ee  page  14,  (^O  j 

from  Ist  of  January  18^  to  UuL.inff,?''*"  "'"''' 
of  J808  hei„»  .,  i/»„l_^  '°  1st  June  i8iu,  (the  contiact 

ft 


^^sljiSw 


ll 


Ft 


132 

My  bid  wns  presontnr]  and  received  at  proper  time  and 
place,    and  accompanied  with  full  and    satisfactory  evi- 

wSf     T.^'' /''"'"','.  ^"^'  guarantee,  qualification, 
which  were  fully  admitted  by  the  then  Secretary  of  War 

lwa8  8ooninformed,that  the  incumbent,  who  then  held 
the  contracts  for  New- York  as  well  as  all  the  Eastern 
fctates,  had  opposed  me  in  a  bid  «  aM  8  cents  per  ration, 
or  one  p'iU  below  any  other  proponent;'  and  that  there 
W(^re  precedents  for  this  nominal  and  extraordinary  com- 
petition  ;  I  lost  no  time  in  repelling  this  procedure  with  a 
becoming  spirit,  and  in  a  respectful  remonstrance  and 
pro  est,  endeav()nng  to  shew  the  fatal  tendency  to  the 
.pubhc  interast,  ,f  such    nominal  and  qualified  bids  were 

sa>inghe  had  read  the  remonstrance,  still  adhered  to  the 
admission  of  the  bid  onth^  score  of  precedent,  but  was 
pleased  to  add  that  we  were  both  too  high,  and  must  tid 
fegain.     On  the  impulse  of  the  moment,  I  was  about  to 
take  my  leave,  and  abandon  at  once  all  connection  with 
Ijroyernment  in  contracts ;  and  I  now  solemnly  believe 
that  my  rival  would  in-  thut  case  have  had  the  contract 
filled  up  at  18  cents,*  but  fortune  directed  it  otherwise  ; 
niy  adversary  was  called  in  and  ordered  to  take  a  position 
6n  the  other  ^de  of  the  room,  pencil  and  paper  were 
handed  o  each  of  us,  and  the  Secretary  was  pleased  to 
.  eay  the  lowest  price  should  have  the  contract.     My  ad- 
versary s  14  cents  9  mills,  mine  14  cents  8  mills.     Was 
1  not  compelled  to  take  this  contract  belowthe  lesal  claim 
and  thus  the  public  faith  violated   to   my  disadvantaffe! 
being  equal  to  one  cent  two  mills  on  every  ration  issued 
during  the  contract,  and  is  not  my  claim  good  in  an  ao- 
peal  lor  an  allowance  of  the  additional  sum  of  one  cent  2 
mil  8,  on  each  ration  issued  per  official  return  during  afore- 
saifl  j)eriod.  ,  ° 


11  igmtt,.. 


3r  time  and 
actory  evi- 
alificationa 
ry  of  War. 

then  h(3ld 
le  Eastern 
per  ration, 

that  there 
nary  com- 
ilure  with  a 
ranee  and 
ncy  to  the 

bids  were 
,  and  after 
ered  to  the 
,  bul;  i^iis 

must  bid 
}  about  to 
3tion  with 
ly  beh'eve 
5  contract 
therwise ; 
a  position 
iper  were 
)Ieased  to 

My  ad- 
Is.  Was 
gal  claimi 
dvantage, 
on  issued 
in  an  ap- 
ne  cent  2 
ingafore- 


he  files  of  the 
lemnificationi 
of  the  claim- 
ng  tbe  perio^ 
S3  of  the  Go- 
»f  Id  c«inti«r 
J. 


138 

.-  OPINION. 

It  appears  to  me  there  cau  be  no  doubt  that  Mr.  Andeiu 
•on  s  proposition  in  June  i  8()8,  to  supply  at  sixteen  cent^" 

thetw'esf:^  '"'"  T'^'''  ^^  ^'^^  ^-  DeparTmentt ' 
te  lowest  offer  :  and  it  seems  to  me  to  be  equally  clear 

S  r"Lr'^  ''  ^-r,^  r:"P^^'^^^'  «^  ^^^^^teen'  cent 
per  ration,    *  or  one  mill  below  any  other  proponent'* 

th^rMT&'^'i''^     Butlam'also  of Ve^opfnion . 
Ind  cons^,^!  r"?  K  ^"^^^^"^"t  ^ff^'-'  which  was  accepted 
^  1  ?  f?       ""^.^^.^^^  contract,  was  a  waiver  of  his  ante- 
cedm  offer,  and  that  it  concludes  him  from  any  demand  ' 
4>n  Oie  Government  arising  from  his  final  proposition! 

Albamj,  Oct  2Atk,  1823.  ^'  ^^ENCER. 

tha^M?  A^^'""^'  '^^^^^^"  '^''^^^^^'  I  should  conclude' 
l:t    I .    ^"^^^•so"  was  estopped  by  his  second   offer  to 

Teeiiustrfrf  %/^k''/^''-  ^^^^^^^^  would  havl 
been  just  aad  fair  if  he  had  not  acceded  to  the  proposition 
of  n^aking  a  renewed  offer.     This  was  a  waive^r  by  hTm  af" 

wL  thl  ' '  K  ''''"*^  ^""  ^"""  ^^  ^P^'^i^"  that  his  offer 
cZnfr\'u^'  ^"^**'  '^  ^'^"^  ^^^^"  ^'«««ived.  The 
oner  ot  the  other  competitor  of  the  sum  of  18  cents  was 

h/CM??  "  ^P-'fi^pff-  «nd  the  addition  .he  "eto  tlm 
he  would  take  one  mill  below  any  other  person,  wa*.  a 

::bq;uaTst!.! '"' '  ^''°""  "--^  -  --'^  '-^"'^' 

^/6a«y,  Oc<.  2*1, 1823.  JAMES  KENT. 

Claim  1.— Equitable  Allowance,  see  paffe  14  (F.) 
Contained  tn  letter  10  Sept  1823,  to  the  Third  Auditor, 


'^'  ij     WC^Cfc/  Viae  HI  J 


.^f^^^V^^V^^^^l^^^  accompnnying  lettors  constitute 
ing  the  contract  of  25th  Feb*  1813, 1  my  reserve  th» 


m 


^i.' 


i'ft>i,i"iniiliitiii'"""i4t> 


134 

Tiffbt  of  purcliasina  flo„r  and  liquor  on  the  Seaboard  and 
Suut.,em  Aliunde  |.url«.  1  did  «o  to  the  amount  of  4900 
baixels  f  our  and  hy  my  letters  to  the  Secretary  of  War 
dated  4th  of  Feb.  1 813,  and  2M  of  March,  1 H 1 3^  I  noti  ' 

should  be  insured  trom  capture  riskn,  (th«.  ri.sk  of  the  sea 
being  my  own.)  The  risk  of  capture  \hat  ot"  the  U.  S 
I  was  answerec  that  the  article  must  be  shipped  in 
smal  p«rce^  anc  n.>t  be  insured,  liefore  Ihe  s,  pp„.e 
could  be  etlcx'ted,  the  mouths  of  th<^  Chesapeake  the 
Delaware  and  the  Harbour  of  AVw-York,  wer,-  ellec  ua  ' 
ly  blockaded  by  the  Enemy.  If  |  ],,!  .hipped  the  aid 
«  cdes  which  were  u.tended  for  the  Armies  on  the  North- 
en  1^  rentier  ot  New- York,  they  would  luae  been  inevita- 

&r7r'T'^''''r'r^;  ^^""'•'  I'uvo  sulfered  a  loss 
of  ;^63,7U0  exclusive  of  the  loss  of  the  vessels,  conveying 
the  articles.     1  was  under  the  necessity  of  either  selliuff 

OiesaidriouratthePortsofAlexandriaVa.  Baltimore  Md. 
Philadelphia  I  a.  at  reduced  prices,  or  transport  overland 
to  New-- York,  which  latter  was  done  by  me 

Is  not  th(^  i)rice  of  land  carriage  over  that  of  water,  a 
f^ur  charge  to  the  United  States,  satisfactory  vpuchers  t«) 
^?.|"^^"^*^^  ^^**  ^^"^^^  ^^^^^  transportation, 


OPINION, 

I  have  considered  the  within  claim,  the  probable  block- 
ade ot  the  Chesapeake,  the  Delaware  and  the  liarbour  of 
New-V  ork,  were  evc-nts  which  the  Contractor  ought,  and 
probably  did  anticipate—but  the  Contract  secm-es  Jiim 
ap.mst  capture,  It  is  entirely  improbable,  that  when  the 
Contractor  indicated  to  the  Secretary  of  War,  his  inten- 
tion to  purchase  Mour  am  \Mii.skey  at  tlip  South,  he 
meant  to  incur  the  charge  of  transportation  by  Land.  He 
lad  a  nght  to  send  by  Water,  and  the  Government  was 
consulted  upe^n  the  subject  of  insurance  and  declined  it, 
but  authorised  shij  nients  in  sninli  nnrrf^U  n.^!  •"  '':«"" 
eut  veseeis,     yim  blockades  which  ^subsequently  toojc 


board  and 
r»t  of  4900 
y  of  WMr 
^  I  notiii' 
j)rovisi(>n 
of  tl»e  sea 
tJje  U.  S. 
hipped  in 
sliippj^ge 
•cake,  tlie 
('U'eclual- 
I  lUii  ssaid 
»c  North- 
u  inevita- 
3(1  a  loss 
onvcying' 
iv  selling 

noreMd. 
over  land 

'  water,  a 
uclicrs  in 


le  block- 
irbour  of 
iglit,  and 
ures  Jiim 
lien  the 
is  inteii- 
3uth,  he 
nd.  He 
lent  was 
jlined  it, 

IS     vsxiivi- 

itly  too^ 


!f55 

place,  forbid  this  course  as  a  discrete  and  prudent  mea- 
sure. The  (Contractor  'vith  a  view  of  wnvin<r  \Uv.  national 
property,  instijad  of  Mending  the  provisions^inlo  tlie  jaws 
of  the  Enemy,  preferred  anHuming  a  heavy  ciiarge,  rely- 
ing on  the  justice  of  (Government.  It  appears  to^'nie  that 
he  is  enlithMl  upon  jirinciples  of  manile.st  Equity  to  be 
jjaid  the  dilference  between  the  two  modes  of  conveyance. 
The  Contractor's  motive  was  patriotic  and  honorable,  and 
as  the  (iov#»rnnient  neaped  the  advantage,  they  ouglit  to 
afford  an  indemnity. 

,,     .  A.  SPENCER. 

October  25,  1823. 

I  have  perused  the  within  case;  and  I  entertain  no  doubt 
tliat  upon  the  facts  there  stated,  Mr.  Anderson  is  equit- 
ably entitled  to  iu\  allowance  for  the  extra  expense  of  tho 
Land  carriage  to  New- York.  Though  it  was  provided 
in  the  Contract,  that  all  supplies  were  to  be  delivered  at 
the  posts  where  they  should  be  required,  without  expense 
*o  the  Unite<l  States,  yet  it  was  also  provided  that  all  loss- 
es sustamed  by  the  depredations  oftlie  Enemy,  in  articles 
intended  to  compose  rations,  should  be  paid  for.  The 
intervention  of  the  usual  and  proper  means  of  transporta- 
tion by  Water,  by  the  Enemy^s  ships  and  the  loss  sustain- 
ed by  Mr.  Anderson  by  ihat  means,  a()pears  to  me,  to 
fall  within  the  Spirit  and  equity  of  that  provision  and  the 
loss  ought  to  be  })aid  for. 

JAMES  KENT. 

Albany,  October  21,  1823. 


From  the  circumstances  detailed  on  the  other  side  (the 
risk  of  (Capture  having  been  undertaken  by  the  United 
States,  it  would  seem  that  the  rransj^ortationbyLand  was 
entirely  for  their  benefit.  As  if  the  flour  had  been  cap- 
tured, that  event  so  far  as  related  to  tlie  Contractor, 
would  have  been  equivalent  to  a  delivery  at  the  place  of 

# 


.„^^^ 


%. 


1^^ 

deposit.  I  therefore  think  it  perfectly  equitable  that  the 
United  States,  which  received  the  bcnetit  from  the  en- 
creased  expense,  should  bear  it,  1  presume  the  Contractor 
would  have  been  bound  by  his  contract  to  defray  the  ex- 
pense of  a  Water  conveyance,  he  should  therefore  still 
contribute  to  that  extent,  towards  the  expense  of  trans- 
portation ;  but  the  difference  between  the  expense  of 
JLand  and  Water  carriage  appears  to  me  fairly*  chargea- 
ple  to  the  Government. 

Tvr      V    1    XT         ,        THOS.  ADDIS  EMMET. 
New- York,  November  4,  1823. 


^      <;. 


ft 


^;  New- York,  Feb.  4,  1813. 


Sir. 

When  I  was  last  at  the'seat  of  Government.  I  stated 
the  necessity  of,  and  my  intention  to  purchase  Flour  and 
Whiskey  at  a  Southern  Port,  for  the  supply  of  the  U.  S. 
Troops,  accordingly  I  have  purchased  and  paid  for  one 
thousand  barrels  of  flour,  in  Alexandria,  and  one  hundred 
and  fifty  hhds.  Whiskey  at  Philadelphia,  to  be  brought  to 
this  port.— The  Sea  risk  of  the  whole  is  at  my  hazard, 
the  risk  of  the  Government  is  the  hazard  of  capture.     I 
deem  it  prudent  for  me  to  procure  insurance  m  this  place 
to  the  full  amount  of  my  invoices,  and  I  beg  leave  to  re- 
quest your  instructions  whetherl  shall  procure  at  the  same 
tinie  insurance  against  capture,  to  the  amount,  that  these 
articles  are  charged  to  government,  under  my  contract. 
I  am  ever  desirous  of  receiving,  and  obeying  the  instruc- 
tions of  the  Government. 

I  have  the  honor,  to  remain, 

With  sentiments  of  respect, 
Your  ob't.  serv't. 

n       T  1.       (^»g«e<^')  ELBERT  ANDERSON,  JR, 

Hon.  John  Armstrong,  Sect'y.  at  War,  Washington. 

A  true  copy.— C.  Vande' Venter. 


1 

^ 


I 


137 
gir_  ^^^  Department,  February  1 3M,  1 8 1 S. 

Yourletterofthe4thinst.  has  been  received  Vn., 
will  plea.e  to  «tate  in  what  quantities  the  flrurTnd  Jf 
key  have  been  shipped  in  the  same  vesspl      Z  t  •        ,  ?* 
small  parcels  by  dXrent  teLeMt  ^ou  d  nottJ^ST Id" 
visable  to  procure  any  insurance.  "*  """^^ 

Kespectfully, 

Sir,  your  ob't.  servant, 

Elber,  Anderson.  J„„.  E.,q.       '''"'^  ARMSTRONG. 
^n«y  Contractor,  New- York. 


Sir—  •'**"'■  ^o'"*.  'F'«*-  18<A,  1813. 

yourle«e''r"o^-K„T'"  Th?S'"''"'^/V''f   '«<=«'?'  »f 
order^H  tr.  Hi    u-        ,  ■     ^ "® ''°"''  ^ntl  whiskey  hasteen 

and  25  tn%o  fr  ^"l  "1 P""*'^  °*"  ^bout  300  bbis  flo,^ 
prelfnJanH  ,?'''''•  "'^^'''^key  in  different  vessels!    ffi 

p&s;"nrsL7or^=Ltt  n^^^ 

1  have  tJie  honor  to  remain, 
With  great  respect, 
Your  ob't.  servant, 

.Hon.  John  Armstrong,  ^"-^^^"^  ANDERSON,  Jh. 
Secretary  of  fVar,  Washington, 

True  copy— C.  Vande  Venter. 

Extracthtter  daUd New-York,  2%d March,  I8I3. 
«uu  Hiexanuna,  but  u  w  impossible  notwith»t«nd- 


138 

I  roiTiain,  &c.  &c. 

i     ^      <Hnn    T^i     A  ELBERT  ANDERSON   JR 

^     #       «on«  John  Armstrong,  Sec't.  of  War.         ^"^^^^j  •'«t 

OPINION. 

1! 

Ca^^  Claim,  (Q.)  See  page  15. 

fo-Hy  e„title<l  ,0  a  reasonab  e  MowTcefov  thlTT," 
boxes,  packages,  &c.  containin.  Te  ratio,,,  .l»^''l 
by  lum  pursuant  to  his  contracts  iLl'T  '  '',^'"?!«d 
contraotpd  f,^r  ,.,i  •  u    ^"'""^''V'^-     ■'Canons  are  t  le  t ,  na- 

frnm  r  •      ^^    "'"^'    ^^lien    he    receivp^    it 

paid  for— as  to  otlier  articles  tliere  n,  v  L  •  ■'"' 
according  to  the  usaj,e  of  b lines,  •  wLh  ^  '^""'"'7, 
ti'orc  always  decide,  because  the  par'ties'tttbrf  """ 
fd  to  have  dealt  with  a  know!o,|..e  o  th.  ,?  »  ^1^"" 
have  included  the  value  o"Z  bo\  o^,  L  ,        f '  ""''  ,*" 

v^LttTr^'''^  -ieie  L-'^th":  ';:.!;rtstui,"c5 ! 

w.'  ■      ■^'  "!  "^  "'  "''"  "^"g"  i«  ^i-^Mly  the  other 

e^^^rndid    r  """^'  "'  ^''^'^  °*'  I"""^^  *'«^«  «'"'ay«  been 

Ji  .'rf'  "'«'y  «="^  »'-ay»  re,.,n,e,!  or.llowedt-^Ihrl'' 
i-«  ivas  u  practice  which  secns  to  have  settled  the  con- 

,» 


•^0 


pass  the  Block- 
^nse  ordered   a 
^ir,  every  ex- 
cute  iny  duties 


^SON,  JR, 


5. 


itted  to  us  for 
Anderson  is 
'  the   barrels, 
lis,   delivered 
are  the  thing 
lore  than  the 
what  it  may 
furnished  to 
)  contain  it. 
receives    it, 
ment,  when 
V  that  in  the 
on,  &c.  the 
returned  or 
a  diversity 
usage   will 
t  be  suppo- 
ige,  and  to 
'  &c.  in  the 
ts  with  Go- 
fbe  otJier 
ways  been 
'-  the  places 
enience  or 
kfcc.  should 
for  to  him. 
d  the  con- 


189 

fctruction  of  the  contract ;  and  when  in  time  of  war,  those 
which  related  to  the  same  tiling  used  the  same  Iangua<re. 
We  think  the  terms  used  can  only  receive  the  same  In- 
terpretation. If  Government  intended  differently  their 
change  of  intention  siiould  Iiave  been  expressly  stated ; 
for  the  Contractor  must  be  presumed  to  have  made  his 
bargain  with  a  view  to  the  established  usage.  No  satis- 
factory reason  seems  assignable  why  he  should  be  called 
upon  to  do  more  in  time  of  war,  under  the  same  bargain, 
than  would  be  required  of  him  in  the  event  of  peace 

WM.  PINKNEY.  ' 
THUS.  ADDIS  EiMMET. 

ur   J'     .      ^.      ..     JOS.  OG  DEN  HOFFMAN. 

Washington  City,  March  1  OzA,  1815. 

Mr  Anderson  having  submitted  to  me  for  my  consid- 
eration, his  contracts  with  the  Government  of  the  United- 
States  for  supplying  rations,  (one  of  which  contracts  beara 
date  the  25th  Feb.  1 813,  and  was  made  with  the  Secreta* 
ry  for  the  Department  of  War)  and  his  claim  under  the 
same  for  a  reasonable  allowance  for  the  boxes,  packages, 
barrels,  mclosures,  &c,  containing  the  meat,  flour,  liquor 
y^nd  other  component  parts  of  the  rations  furnished  in 
pursuance  of  his  contracts,  I  am  of  opinion  that  in  all  those 
cases  in  which  the  boxes,  &c  were  delivered  together 
with  the  rations,  and  retained  on  the  part  of  Government 
he  is  justly  entitled  ton  fair  and  reasonable  allowance  for 
the  value  of  the  inclosure.     This  would  appear  to  be  ac- 
cording to  the  ordinary  course  of  dealing,  and  tliere  is  no- 
thing in  the  contracts  from  which  we  are  to  infer  that  the 
beef,  pork,  liquor,  &c.  of  which   the  rations  consisted, 

Note— At  the  same  time  the  above  op?nlan«  were  given,  the  wn'trn 
opinion  was  fullj  j»[iveu  in  favor  of  this  claim  bj  xhv  la'e  SAMUEL  DEX- 
TER  rhis  opinion  was  l?ft  in  the  third  Audiior'p  office,  but  is  nof  to  be 
FOUND.  It  is  worthy  of  remark  that  the  late  S  Dexter  WAS  ACTCNG 
SECRETARY  OF  vVARAVD  WAS  THE  AnTnOROFTHE 
BLANK   FOPM>^    OP  Ttn?   VPRV    rrnvrn  Ar<T.e    rr.,,  <  m  r.  r." 

CLAIM  OF  CASKS  WERE  MADE  UNDER."""  '  "    ' «-  -  *  -^ 

6 


ii^A 


'■% 


)) 


140 

were  to  incUide  the  vessel  or  cask  or  box  in  which  they 
wore  contained,  lie  was  simply  to  furnish  rations,  which 
does  not  necessar  y,  or  according  to  usage,  include  the 
material  tor  carrying  or  containing  iho  sanio. 

All.         ^  .  ,     ^,    ,  JAMES  KENT. 

Albany,  October  21,  1823. 


I  have  considered  the  question  answered  in  (he  within 
opinionofChancelor  Kern's,  as  well  in  relerence  to  the 
confrnctofthe  25th  ofPebruury  I  Ml 3,  as  to  the  contract 
of  the  7th  of  November  1811,  and  fully  concur  in  the 
same. 

A  IK         r^      1^     ^.  ^'  SPENCER. 

AJbany,  October  24,  1823. 


Copy  from  the  Records  of  the  War  Office. 

War  Department,  Oct.  13,  1814. 


SIR, 


Your  letter  of  the  3d  inst.  inelosing  the  contract 
correspondence  and  accounts  of  James  Byers,  Esq.  Con- 
tractor, has  been  received. 

The  question  submitted  to  this  Department,  appears 

^^7  ?.n.,  f"..^''^'''ru^>  ^''  ^y^'^'  proposal  of  Jan. 
\-  V^^"*""'®^  the  deposits  referred  to,  reservinir 
to  himself  a  claim  on  the  Government  for  reasonable 
and  equitable  allowances  beyond  the  price  stipulated  in 
his  contract,  for  all  supplies  furnished  before  that  con- 
tract should  take  effect.  It  does  not  appear  by  the  con- 
tract referred  to,  that  Mr.  Byers  was  bound  to  furnish 
casks  and  boxes  ;  or  in  other  words,  it  does  appear  that 
whentherations  were  issued,  the  casks  and  boxes  be- 
longed to  the  coatractor.    If,  therefore,  the  casks,  boies* 


4 


■*»WMs4^iji|ifeV- 


141 


in  which  they 
I  rations,  which 
^e,  include  the 
no. 

ES  KENT. 


1  in  the  within 

ierenco  to  the 

0  the  contract 

concur  in  the 

SPENCER. 


Office. 
;«.  13, 1814. 

the  contract, 
jrs,  Esq.  Con- 
sent, appears 
)posal  of  Jan. 
to,  reserving 
)r  reasonable 

stipulated  in 
)re  that  con- 
r  by  the  con- 
id  to  furnish 
I  appear  that 
id  boxes  be- 
casks,  boies^ 


t"ir  p.  ice,  the  „,„oum  »l,oui.l  be  passed  to  Lis  credit. 
1  am,  sir,  ' 

Very  respectfully, 

Vour  ob't  oer  vant, 

Col  T  T         A  ,         JAMES  MONROE. 

^01.  1 .  Lear,  Accountant  War  Dep't. 


Heply  hy  the  late  Contractor  to  the  Third  Auditor^ s  rc^ 
7narks  on  the  Cask  Claim, 

nifi^tio  J'h  r''"^''''^^'' ^  a"  cases,  entitled  toindem- 
Jllrned  ''^'^^'^^"2^''  furnished  and  not  re- 

inciim.ri„  „1  ""'emnii.  .1  for  all  losses  and  expenseg 
mem  h.v  <=?"f<='5"?"««  of  requisitions  made  by  Govern- 
ment, beyond  the  stipulation  of  his  Contract. 

he^doeJtl'^!!n'r';''L''^"""/''"'? '■'•""»•' »»'''?''•''''»■«»>'«''. 
any  kfnd        ""'^'^"'J'^  »<>  f"«'«l'  Casks  or  Paclcages  of 

*  mem  fT!'trk''*fif''f''^Ses  were  retained  by  Govern- 
ment, for  the  benefit  and  accomodation  of  Government. 

turteH^.T''P''^'*'  ^^^^^  "'  P««'^«?es,  were  never  re- 
S  o?   h!  <^°"«!-^?'»;--It  follows,  then,  by  an  appli- 

tiUed  tl  »n  ^  "™^''  *"  "'^  Contractor,  lie  is  fairly  en- 
«ued  to  an  adequate  compensation.  ' 

•  ,*?•  J  '•.  This  principle  is  admitted,  fixed  and  annlied 
by  ;he  decision  of  Secretary  Crawford.  27tl.  of  SS,. 


■"    * 


* 


142 

2.  Independent  of  this  decision,  the  principle  is  one  so 
obvious,  so  well  understood,  and  so  constantly  acted  upon, 
that  no  ^*tatute  or  precedent  canpossibiy  increase  or  di- 
minish its  force. 

<« 

B.  Tlie  Contractor  has  always  been  paid  for  Casks 
&c.  dehvt^red  along  with  the  provi.sions,  to  Trcops  on  a 
march,  or  on  board  of  transports.— The  Governni jiit  by 
a  Imjttnig  iiis  claim  in  this  case,  admit  it  in  all,  for  there 
la  no  dillerence  in  the  principle  which  supports  the  de- 
mand, wnetiier  one  cask  or  one  thousand  have  been  re- 
q  nred  and  delivered. 


:  I 


0.  It  is  objected  to  this  claim. 

1.  That  the  stipulation  to  furnish  the  provision,  com- 
prehends a  stipulaiiun  to  furni.sh  the  casks.— This  exten- 
si.>not  rights,  priviledges  and  powers,  by  arbitrary  con- 
structioi),  convenient  a.s  it  may  be,  is  in  the  highest  deoree, 
capricious,  dangerous  and  unjust.  I'he  language  ol'  the 
t^ontract  is  express— Jiafions  m\  the  things  contracted 
tor,  and  a  ration  is  delinyd  by  the  Contract,  to  be  provi- 
sion and  provision  alonu,  l^he  Casks,  Packages,  Boxes 
&c.  might  have  been  claimed  by  the  Contractor,  at  the 
place  ot  deposit— iiy  being  left-the  U.  S,  escaped  all  the 
truubie  and  expense  of  repackage. — 

2.  It  is  objected,  that  the  perquisites  of  issue  were 
intended  to  cover  the  prices  of  the  packages.— This  is 
an  Idle  evasion -there  is  nothing  in  the  language  of  the 
Contract,  to  w<irrant  so  strange  a  construction. -Besides, 
t(>  this  objection,  there  exists  this  unanswerable  reply.^- 
1  he;  issuing  Contractor  receives  the  same  perquisits, 
wiiether  he  or  his  predecessors  had  furnished  the  casks 
and  provision. 

3.  It  is  objected,  that  by  the  usage  of  Merchants,  do 


;'»H*i»*r^ 


iSS^SimSBB 


nciple  is  one  so 
itly  acted  upon, 
increase  or  di- 


)aid  for  Casks 
o  Trttops  on  a 
rovernmjut  by 
a//,  for  tliero 
ipporis  the  de- 
iiuvG  been  re« 


rovision,  com- 
— Tills  exten- 
irbitrary  con- 
igliest  degree, 
nguage  of  the 
gs  contracted 
t,  to  be  provi- 
3kage8,  Boxes 
ractor,  at  tlie 
scaped  all  the 


)f  issue  were 
ges. — This  is 
iguage  of  the 
m.— Besides, 
able  reply. — ^ 
e  perquisits, 
3d  the  casks 


erchants,  do 


143 

B^pama  charge  i«  made  for  Casks  or  Packages.-To' 
Whs,  It  IS  barely  necessary  to  remark, 

I.  That  where  merchandise  is  required  by  numhrr 
measure  or  weight,  (as  in  the  case  at  present  /onsiderech 
and  not  by  ihc  package,  ca.k.  box,  or  vessel-thc  indo 
sure  IS  a  separate  ch»rge.~2.  That  in  many  purchases 
by  the  package  or  vessel,  (as  in  the  case  of  soap,  candles 
&c.)  the  pnckige  is  a  separate  charge—And  3d,  in  all  ca- 
ses  the  value  of  the  inclosure  is  either  a  separate  charge  or 
roments^'''''''^^        '''™'''  isconsidered  in  the  price  of  Iho 

Oc?n  mV ^r'lf'''".''^  ^^^  Honorable  James  Monroe, 
vnlJ  u!  '  V   u'   "  '^  ^'''"•^^"  ^"^^  deliberately  sanctions  the 
validity  of  the  clann,  and  fhe  soundness  of  the  princiole 
herein  contended  for.  After  having (listinctly  acknowledg- 
ed the  force  and  generality  of  this  principle—the  question 
IS  at  onceconcluded-After  this,  it  is  not  pe  mitled  it  is 
^possible,  to  debar  a  subsequent  claimant,  (in  support  of 
whose  demand,  the  arijuments  of  the  Secretary   may  be 
applied  word  for  word,  with  full  efJect,)  from  tlie  recove! 
ry    of  a  claim    vyhose  merits  are  identically  the  same 
There  ,s  indeed  little  doubt,  that  the  principle  wasor^o^: 
nally intended  as  ageneralprinciple.     The  after  construe- 
tion  g.ven  to  this  s.ur.d  and  stat  smanlike  decision  mny 
have  grown  out  of  some  policy  of  which  the  claimant^an 
see  neither   the  force  nor  the  justice-That  acodidlvvas 
added,  giving  to  the  decision,  of  the  13th  of  Oct    18in 
limited  and  partial  interpretation,  long  after  the  gS 
decision   was   recorded,  will  appear  by   reference  to  fhi 
document  Itself,  as  well  as  by  the  recL  of  the  '  en^^^^ 
decision  which  stands  alone  on  the  books  of  the  war 
ofKce,  without  alteration,  erasure  interpolation  or  codi^iX 

Again,  it  is  of  no  sort  of  consequence,  when  or  wherp 
or  why,  or  how,  the  alteration  or  additioi  to  the  dedsTon 
was  made,  it  is  of  no  importance,  whether  the  oriST 
cision  was  modified  or  not— th^  «Hm;««;..  ./"S™?-  .^ 
ofthe  cask  glaim  kfull  sufficient  and:  o^era^^^'anrcan 


\.l 


114 

be  no  wny  nffcctod  by  trie  manner  in  which  it  wna  pniti, 
orihe  additiimal  reasons  for  vviiich  it  was  giuntt'd.  Tho 
aixiuuonts  used  by  tii(!  Sc'crotnry  in  favor  of  Mr,  liycva 
olaim  for  cuwks,  are  imh  pendent  ui'  his  chiiin  for  olh'.r 
indtunnilies. — They  would  remain  in  full  forts  together 
witii  tho  |>rirjci|)le  ihcy  support,  if  Mr.  Byera  Inid  never 
reserved  or  nhuntained  a  rif»ht  to  claim  indemnilication 
for  the  <ixpenses  of  premature  supplies. — For  these  arji^u- 
nients  in  fact,  owe  iiotliiiig  of  their  wtrength  to  his  claims, 
for  other  compensations. 

If  this  lillo  vance  was  designed  to  compensate  him 
for  tho  troiib  a  and  expense  su«tained  in  supplying 
ratious,  and  uiaking  def)osits  before  his  contract  com- 
menced, why  was  not  the  allowance  made  under 
the  clause,  which  reserved  to  Mt  liyers,  indemnification 
for  such  trouble  and  exf)ense.  Tiuit  clause  is  acknow 
ledged  to  be  a  mphj  sufficien  t  to  justify  that  claim.  W  hy 
acknowledge  two  chuMis  in  order  to  grant  one  ?  Why 
was  tlie  merits  of  his  cask  claim  deliberately  discussed, 
admitted  and  maintained  ?  Why  was  it  admitted  on 
principles  which  apply  with  precisely  equal  force  to  E. 
Anderson's  case  ?  Mr.  Byers  did  not  stipulate  that  ho 
should  be  paid  tor  casks.  To  retain  Mr.  Byers'  casks, 
then,  was  no  more  a  hardship  than  to  retain  Mr.  Ander- 
son's. Tiiere  was  nothing  in  the  circumstances  under 
which  Mr.  Byers  made  his  preparatory  purchases  ar.d 
supplies,  which  gave  him  a  greater  right  to  the  caska 
containing  these  provision,  than  to  those  which  contained 
the  provision  bought  after  his  contract  commenced.  Tho 
losses  and  inconveniences,  from  the  efleots  of  which  Mr. 
Byers  claime(!  exemption  at  the  time,  were  entirely  inde- 
pendent of  the  loss  of  casks,  &c.  for  the  loss  of  the  casks 
would  be  no  hardship  to  Mr.  Byers  unless  they  were  his 
property.  And  if  they  ware  his  property,  the  casks  for 
which  E.  A.  now  claims,  were  to  the  same  extent  E.  A's 
property.  If  the  cask-claim,  as  is  now  pretended,  be  not 
valid  in  piinciple,  why  was  not  that  claim  when  presented 
by  Mr.  B}  ers,  rejected  ;  and  the  iudemuilication  for  the 


h  it  was  pnici, 
^lantLMl.  Tlio 
of  Mr,  HvfMB 
aim  fur  oth'.r 
oris  togcfhor 
ora  liml  luiver 
idoinnilioition 
or  tho8o  nrgii- 
tuiiis  cluiaid, 


npensato  him 
in  uiipitiying 
contract  com- 

ma<lo  under 
idemnificatiou 
se  is  acknnw- 
claim.  Why 
:  one  ?  Why 
ely  discussed, 
t  a(hnitted  on 
il  force  to  E. 
uhite  that  ho 
Hyers'  casks, 
I  Mr.  Andcr- 
atances  under 
lurchases  ar.d 

to  tiie  casks 
lich  contained 
iienced.     Tho 

of  which  Mr. 

entirely  inde- 
s  of  tlie  caski 
they  were  his 

the  casks  for 
extent  E.  A's 
tended,  ue  not 
hen  presented 
cation  for  thei 


145 

iiicntol  tliuotlior.  ""'uci  lo  jusiiiy  the  j,u^. 

Em     After  nil,  ilic  fnct  is  tlmf  M^    a_  i 

18 1 2.    In  .hat  letter,  I  «t,^,ulate' ,    o  "^un  ^Z  //?""''^' 

r;^:<tttT:::,~^^^ 

the  renuisit ion,  bey^l  l"!"^^^^^^  «it'' 

may  b.  .een  by  t&tlV:^""^  "'  "'^  -— t. 

1.  That  supplies   shnll  Tomn^-^  i        •     - 

be  fur«a,.ea  ia  advance        van^r^  AlbLTx/ot 


l\ 


146 


at  the  fortified  places  nnd 
'  military  posts  that  are  or 
may  be  established  in  the 
States  &c. 

2.  That  these  supplies 
fihall  be  furnished  in  such 
quantities  as  shall  not  ex- 
ceed what  is  sufficient  for 
the  troops  to  be  there  sta- 
tioned. 

3.  By  the  usages  of  the 
service,  it  ii  left  with  the 
contractor  to  issue  freah 
and  salt  meat  alternately, 
and  when  it  was  required 
by  general  orders  to  issue 
fresh  or  salted  •  meat,  the 
requisition  never  extended 
to  an  entire  week. 

4.  That   the  option   of 
issuing  bread  or  flour  five 
days  in  every  week,  shall 
be  with  the  contractor. 


Lan8ingbur<T,and  the  wes- 
tern parts  of  the  state  of  N. 
York,  which  places  wore 
not  fortified  nor  military 
posts. 

To  provide  rations  suffi- 
cient for  25,000  nien,at  the 
above  places,  when  there 
was  little  more  than  a  re- 
cruiting party  at  Albany, 
and  no  troops  at  the  other 
posts  or  places. 

To  issue  under  the  fore- 
going requisition,  salted 
beef  and  pork  excluLively 
for  the  whole  time  of  2 
months  to  the  above  25,- 
OCO  men. 


4.  To  furnish  flour  and 
not  bread. 

(See  latter  requisition 
page  SI.) 


P,   To  conclude,  there  are  some  circumstances,  which 

^n/t  M^'Tl''^^\''\'^'^''^^''^^  ^^^^"  further  to  sup- 
poit  Mr.  Anderson's  claim,  than  that  of  Mr.  Byers.-l 

1  ;  M  •  ^iT""  7"^  requisition  and  Mr.  B's.  were  the  same, 
w  ^'%-^«-^'epo«'t8  were  purchased  and  mnde  in  the 
state  of  New- York,  under  circumstances  favoratle  to  the 
U.  fetates,  and  contiguous  to  places  which  aftenvards  be- 
came the  seat  of  War.  His  at  places  favorable  to 
/nmself,  at  a  very  great  distance  from  the  actual  seat  of 
military  operations,  mine  on  vavigable  waters,  where 
provision  bore  a  higher  price  for  home  or  foreign  con- 
sumption,  his,  at  the  head  waters  of  the  ConLoUrut. 
^vntre  tiie  articles  were  cheaper  in  consequence  of  their 


[igbur<3r,andthewes- 
arts  of  tlje  state  of  N. 
wiiicii  places  wore 
rtiiied    nor  military 

provide  rations  suffi- 
)r25,000nien,atthe 
places,  when  there 
tie  more  than  a  re- 
ff  party  at  Albany, 
troops  at  the  other 
r  places. 

?sue  under  the  fore- 
requisition,  salted 
id  pork  exclubively 
whole  time  of  2 
to  the  above  25,- 
n. 


'o  furnish  flour  and 
ad. 

latter  requisition 


5umstances,  which 
n  further  to  sup- 
of  Mr.  Byers.— 
s.  were  the  same, 
and  mnde  in  the 
^  favorable  to  the 
3h  aftenvards  be- 
ies   favorable    to 
he  actual  seat  of 
^tle  water Sf  where 
or  foreign  con- 
the  Connecticut; 
sequence  of  their 


147 


~Vt 


^l^^!^Z:^Lt:r^^  -'^e..  Mine 
the  use  of  the  troop,  an  U  "  ^0.  H  V?"SP""'<wn  for 
places  which  required  a  h  !  '"  ^-  *^'at««-his  at 
huodred  miles,  a^^  ri4  h  i  Z'' S"""''""  °'  ^'^^^^ 
States.  And  it  would  I'  easv  1  f  '"'P7««°<'the  U. 
other  circu,u»,ances  i„  whicK  .  ""'r''^  '""'l"'^*'''  *« 
wishes  and  views  of  Gov^rnl,,!"P'r'=''  "'"''  the 
E.  Anderson's  detri„.ent  a Xt^Ca-'  '"'"^'"^  '" 

1-     On  common  principles  of  law  and  equity.      ' 
^ixm.  ""  '''^'^'^'°"  -""^--t-y  Crawford,  27th  Janu- 

^orVs"d:taT,'^,;Xi'r '''T  ''^''"  «'"'•«< 

transports  ;  the  claim  beTnl  the  s^^''''  "''  ""  ''"""'  °f 
Cipie,  and  diflering  only  Sunt       "" ""'"'"  ""''  ^^'«- 


4. 


On  the  ground  of  merchants'  usage. 


5.  On  the  decision  of  the  Rnn    i«  ii>r 

on  the  general  pri«cip,e''se't  fo^n  tdecSr'  ""* 

6.  On  the  ground  of  e«ra-services. 

«ev;rp^^:;:,trtrct;%rmi'/rT'*^^- «'«*- 

arguments  and  consideration^',,  corroboration  of  the 
Contractor  has  it  in  his  poler  ,"  '  '  "H"^*"'  "■«  '«t8 
oi'mionsofprofession^m^  ,  present  the  deliberate 
andthorougi;  acqS'nce  ;S"'  -^T^'dinary  talenta 
entitle  them  to  all  poIlhL  If  ^"^'"y ''^Partn.ent  of  law. 
their  unquestionabr^'i:±^'^:-f«.«»<'  ^?«P-t.  while' 
«;rfeE  impartiality  :  their  In^nri- "f!.:"?"'  '"^^  ^^  justice,  and 


TT 

/ 

1  . 

!  ^ 

'   ; 

1   ' 

H 

iJ 

I 


"Sir 


14a 

We  to  believe,  that  they  were  ffovernerl  in  f *.«.,«  j  '•  • 
by  other  than  the  best  and  the  oSnf  m  J      '  ^^^}^^^^ 

and  disinterested  anxie^yto  dCr    tTe.^^^^  ^  '^"'/'^ 
support  the  truUi.  "iscover,  to  express  and  to 


Sin 


FTar  Department,  Fehrmry  ^2d,  1812. 


in  the  first  instance/to   ecu'e  Ihtfia^w'"^^'^"^^ 
Tiie  providin.T  the  small  ,,.«.  ""':"«»"  Ma  salted  meat. 

layed  for  the  preser    X  !,      A^  '"'""*'  ""^  ^  de- 
««cA  ;>a»wX  ^±,,  Jl*/"''^^^*f  ""'y  be  made  in 

•  Aenr  Hampsh  re.  or  Wpstmins.pr    il  ,!''\'^a'Po'e.  m 

all  on  Connecticut  river;  Verirenn  J  pI;T       ^«™ont, 
lington.  in  Vermont    on  1^^^  •"''''"""'' ^"- 

depo.it,  of  which'pt::  miHerfeCnir  "J 

Burhngton,  are  considered  princinal  and  m^!^'  ^"^  *""* 
The  principal  part  of  the  provi"S  that  k  ,1  '"''°"''"*; 
flour,  to  be  purchased  mm,  »,=  i  ■• '  ,  ^  '"^  meat  and 
pole  or  WeSZeAhe^.,t.  hTr""  ""^''^'f"  ^al- 
[on  but  the  /«/r»o  >4  not  iramelL?''  '"''I  ^""'"^- 
ble  waters  of  the  Lake  R,  ,T  .[  "'^  °?  ""«  "^^ga- 
™ad«  by  you  mdiffer^u  ^1  nf  t  P"™'""'"^  """y^ 

rewovalofthewhXtotlesevlrr(,i   '  'T.""^'  ""^  ««  » 
mentioned,  if  reouhed   mm    r  ^  f''"'*^'''^*'«P°««before 


^-  M«  VH»«:9~ 


9^ 


•• 


--lj*^l'.J-«-.- 


Jd  in  their  decisions 

)f  motivejgj,  a  sincere 

to  express  and  to 


ehruary  22d,  IS12. 

tained  in  your  let- 
)ceed  immediately 
urnish  rations  for 
onths,  calculating 
of  salted  beef  and 

•  The  object  being 

*  and  salted  meat. 
3tions,  may  be  de- 

niay  be  made  in 
und  to  afford  the 
nevf  Walpole,  in 
the  State  of  Ver- 
^sorin  Vermont, 
irhaven  and  Bur- 
lain,  as  places  of 
^Westminster  and 

most  important. 
t  is  the  meat  and 

one  half  at  Wal- 
>r  near  Burling- 
Y  on  the  naviga- 
Lirchases  may  be 
mntry,  and  as  a 

of  deposit  before 
imply  an  addi- 
►arts  of  the  sup- 
!  distance  from     ^ 


149 
cd,  and  be  transferred  hereaftPr     tu«      •     -    i    , 

of  deposit,  are  desi^naterwiS^^^Viel^'f  e^^aS' ^'r* 
making  the  purchase,  to  form  an  idea  of  ?L  1^  ^  "  '^ 

JAi&S  B¥ERS.  E:.q.  Contractor. 

A  true  Copy  from  the  record. 
C.  VANDE  VENTER. 


(Q.)     Ca>k  captured  an4  deHroyed....Claims  und^ 
Contract  25th  Feb.  IS\S. 

time  the  requisition  is  made  o„  Mr  p  hi  hli  "  ^  be  r.^.^ked,  that  at  .be 
Cing  1  June,  I812,  and  lieLn  LSnn  »  e^"'*^  ^''  '°"*''««=»  ««'»'"*"' 
in  th.  same  situatlo^^^s^eLrto    ^Z^^^^^  «"^,-»  '"  ^-' 

Newr  Yoik.  JVor  was  Mr  R.pI.'  ^  ^"f  '  .  ^'  "'*'  *®  '^e  state  of 
U.  S.  until  after  the  ?tJu;e'Bot1frj  r.r'''r^  or  delivered  to  the 
to  compel   and  force  the  Contrac  or  ri'l' -f ''^^  ^'^'^'^  ^^vernn^eat 


1812,)  wh.>  couW  ai^^ou^hri^'^vVLrcar;^  °"  *^^  '^''•^"°« 

^^ho,(itissaid)couldnotbeleXcaVd^^^^^^^^^^  ""^  ^    »• 

that  Mr.  A.  was  to  be  called  un2  IL     I       ^  .'       ^""^  '*  °^  presumed 

truth  is,  the  GovernL^I'^belirS'  he  p  S '  A  •':nr  R  "'^"/f  '*'''« 
this  important  order  with  the  most  efficieScv>«  f'^  B.  would  execute 
ber,  l813-DaeeS3.^   ""^  "<>«  ««»c*ency.    (See  letter  of  22d  Decern. 


■ 150 

Wa„d,l„.s-,r«y<Ml|„"^,^;,„5„?,^''""'e  »04,75  were 
He,,ce„e  ofnvorSt.  /-awe  kV^    ji ''''"P^ofthe  U.  S    ^ 

of  tl.t.  rat,.)n   in  p,„,,or,i  ,„  ,„  |  ^^rffl   ""8™<^'«e'l  price 


witl. ,„  claimed,  fall.,  under  the  l^v^  Provisions,  L.  „» 
and  there  can  be  no  x^I'^m^TIT''}^'''^^'^'''''''''^'^^, 
tied  to  the  packages  he  8^,;!^  I*"  '^'''^''^  *«  ^nti- 
sustainedby^hedVedafonr'fnl'"  ""'  '"««  "^  "'««> 
of  the  troops  of  the  U.  sCe"  T t'?T'  "''''y  means 
W  so  sustained  were  to  be  l\\l^T^^  ?^"  "'««  «« 
Paekages,  materials,  &c.  coverini T  '  """^  '"'"'^  "'« 
property  subject  to  loss    and  S  P^'^ion^   were 

contractor,   ,^e  de,„3  Tl  2t^  ''?'"'"y  '»«« '»  the 
palpable  equity  of  the  6tl.  artfcle!  "  '*""'  «"^  "'« 

^»a»y,  Orf.22<;,  1823.     '  JAMES  KElVT. 


■im 


ance  «04,75  were 
^••^>ops  of  the  U.  S.  in 
are  cJaimed  under  the 
.a"  «"gniented  price 
,'ffi^ndty  and  expense 
under  the  Qth  arti> 


^  ^oss  of  the  packa- 
provisions,  &c.  a« 

ticie  of  his  contract, 
t  that  if  he  is  enti- 
'   the  loss  of  them 
"emy,  or  by  means 
irticlesays  that  a// 
'A  and  sureJy  the 
3    provisions   were 
actually  Jost  to  the 
the  terms  and  the 

JAMES  KENT. 


151 

to  the  laches  of'^^^^^^^  T"^  "   ^'  '^"^  ""^^"'"'^^^ 

a  casualty  of  VVa'^r^fof  t:  roTrrt' '"!>  "^'T 
States;  thefrovernniPnf  I.  .  •  troops  of  tie  United 

in  n.y  oplnfof ,;"  C  f^  ^^ f/^n^r  ^''' '''r  ^'^>^' 
•est  prinoinek  to  Iip  «•,-„.•  ''.""'«"  "I'on  the  Ktrict- 
tained.    *  Paid  a  iair  equivalent  for  the  lo»«8us- 


Alhamjj  Oct.  24,  1823. 


A.  SPENCER. 


If  the  contractor  haa  nropnrp.!   ti.„ 
certificate  of  a  CorainSprOffl        °W'^''r«<'rxt  and 
6tharticleofthecon?rrT   ."'■',  '"««">"«!  m  tl.e 
not  be  obtained  I  thtkrf."   ''"^"  "/hy  the  latter  could 

he  is  entitled  to  an  auTmemn  ""^  "  ?""""'y'  *  """k 

the  encreased  e.pe2-=^E:' j^X^^^^^^^^^^^ 

New-York,  Nov.  m,  1823        "^^  ^^^^*  ^^'^^'^- 


>  in  which  I  have 
••  «s  entitled  to  be 
Jres  &c,  delivered 
on  the  part  of  the 
't,  that  the  within 
rns  claim  as  stand- 
ract,  which  stipu- 
lations ofanen- 
e  United  States, 

the  Contractor, 
oi"  which  I  have 


Jteply  of  the  late  Contractor  to  ih.    Ti  '  ;t  a   :,-     , 
o^*  ^c.  loa  captured  and  destroyed. 

of  .Ie':<^rrtt?th«tLt^:jr''"' '"' '"  *°  '^"' «"-'« 

usage,  orconstrue"  on  for  fh'    "'''''''"■'  '"   Precedent, 
posfibly  be  pretended  ^1  .^  T'L'^  "'  ""^  «'«''»•  C«n  i 
quisite  and  necesTarv  t'„  i     '""'''' '''""'''''  '^''-  "^"^  "ot   re- 
contained  in  thoTeCd  "'"^'"  "'i'"'"''"  "'"  P™'''«'°"' 
against  such  perversion      tL  f  ""''^  ''"""'™  ^'"'^'e   i* 

as  recorded  i^„  all  sett?ememl  wrr"'?''''''"P'''y""'°' 
gons,  horses  &c,  xZ^I^^mT,,  "',"'•  "-""'ractors,  for  wa- 

twctors'  provision,  XI   ile  hi '"   '^»"T""'g  ^on- 
x^    ;„  r..ii         ,    '  wijicn  nave  been  cantnr/^rl  «..  .i«,  * 

*d,  ..  .u.  ana  coaciustve  as  to  the 'usagerandl^js 


1 

I 

)   ■' 

1 1 

? 

i 

! 


;  i 


152 
T»eBnp«idfor-  thelm»ti  •    ■   '™"«P»««.  have  always 

to  go  in  the  Enemvl  l,,m!!''''P'''"'°"i«''*'««in«d 
the  descent  of  the  ^r I  ^^' ^^  "™  "'«  «n«e  in 
•  Be,  as  may  be  incurred  by  ^eT'',  '""'"  "'"^'^  «P«»- 
employmentofagentrorC  Lp^nf'**"^  ^'""^^  '"  "'« 
ing  thatexpeditiSi  arp  i...^.  Tm  "'^*"/P''"P«'''y  '"""«'. 
United  StaLtdeLnS  of  fh'i"'^  '^  '^'.'-  "''"^g^  "'  «he 

in  the  absence  of  fhe  6th  a  Se  ^77T  °''*'"^  •""* 
candid  and  unfair,  to  dIpaH  ,7.  t-     i      ""generous  un- 

distinct  article  of  the  Cnnf.  '"  ""^'^"•««  ^'aim  under  a 
crued  tothecon  ractoronlnv'tJ! '"''?'"?«"  """  ^as  ac- 
tract.     But  sir  wh„,  nf.  any  other  stipulation  of  his  con- 

(^.hoi„h"s  e'^To  onfcfaim  llS"^  '"?  =^  ^"<'"-'* 
ed  by  the  claimLt  in  anftPife;.™  "'^T'"^*^  «*'■?- 
on  the  accounts  before  you  anJnl/^  "^  y"!""  ^y^' 
tractorhas  received  no  S.Ual'^of  Z'  """  '''"  """- 
ofissue,  either  on  the  whole  of^L  ■  .Pu^l^^'tes  of 

at  the  time  of  the  set  ing  ou,  of 'tt  TIT  *"'''^^<* 
"Uhough  .he  Lrvices  rerfe^/llTaTd^thrru:'^ 

100  charged  by  liim.    i„  °h.  Ll„~  „f  1    .  8"  ''"•"  """  ta  of  provij 

iMued,  be«d«  .'.  allowan"  o"r2  1  2  oil  "^T"'"!'  '"''  ''«"  ""'•"'y 
u. !..«.  for  isue  after  .be  e^^pedi  iou  waj a,  S  °°,i'l'  ^""'•'r  """"•d 

f  u  uuu  was  at  ead. '  (bee  page  5,  neteF.) 


''■"^'^''^^-'^ 


^^•^'''WWiiiBi^riltuii 


ehvered  to  troops 
orts,  have  always 
c^fi^Jy  within   the 

en  the  intention  of 
idin^  for  extra  ex- 
lie  Eneray*is  coun- 
a  distinct  conside- 
discussion  for   or 
edition  is  destined 
was    the  case    in 
Jh    extra    expen- 
or  either  in  the 
'  property  foliow- 
ir  charge  to  the 
sites  of  issue  and 

ungenerous  un- 
't  claim  under  a 
age  that  has  ac- 
lation  of  his  con- 
he  8d  Auditor,* 
idvantage  gain- 
cast  your  eyea 
*  that  tLe  con- 
purquisites  of 
aions   delivered 
--awrence  expe- 
one  cent  per  ra- 

was  deducted^ 
and*  the  issues 


for  captured  casks, 
•  thp  loss  of  provis- 
"le  St.  Laurence 
«lit  for  tht*  crosf 
had  been  actually 
provifiioD  rtturned 
page5,neteF.) 


15S 

actually  made  by  my  agent  on  thedescent  and  «t  tl,.  ♦ 
minauon  of  the  expedition  at  the  French  „,ill       '  ^'* 


^ 


(R.)     Opinions  on  claim  No.  7  for  iln^nr...  • 
tng  provision,  not  authortedCcZZlf  i^^PT' 
ter.  captured  flour.  Sec.  on  tL    /Vy^         'r?^^-  ^^- 
Janem^,   There  heinTnT  ^*^^«!;«  frontier  in 
offl^r  oJrnuZ:;^^^^^^^ 
--^^ons%m^M.^^eleier:fV^^^ 

I  ?mofopinion  upon  the  within  case  that  Mr   a   a 

■  f " ''  ^"'"k'^  '^  ^^'"^  ^^»«able  allowanL  ff  W^"^'' 

or  damage  he  may  have  sustained  by  b^na  obbV   t    ""^^ 

ceive  an  extra  proportion  of  flour  as  wuL  !-^''  '^' 

inasmuch  as  the  value  nf  ln«  ^^^        withm      ontioned, 

ly  uponpreservinrarateil^^nrnr  T^T"^^  "^^^"^j' 
ral  articles  to  be  fUrn LTed  wh^^^^^^^^^^  »>etween  the  seve- 
contract.  ^"""^i^ed  withn  the  contemplation  of  his 


AViany,  Oct.  22d.  1823.* 


JAMES  KENT. 


J 


I  have  considered  claim  number  sev^n  ««^  r  n 

Oct.  2i,lS23.  A.  SPENCER. 

c.„.„r"  "»*"'"'-«'  -Pon  .he  i«„.  of  ration,,  „„.  „,„,„„.  ,^  ,^ 

ibt^L^J'.ltK'T.lTT'.''"'  "??  «q-isi«o,„.  „o,  a„.ho™..  .. 

--.  - . = ..  iwi  w  9  mni  vi  msiructioD,  page  1 20.   "  "^ 


154 

m    ^^"^^^"^^t^^^  unrler  the  Contract   Mr    A«^ 

r;,.i.„is.     What  the  IZm  ,  f  H    ,      ,"'  "'"'  t'-e  other 
c..n,,e,c,.t  to  fo,m  an  ojinioK .":;;  J, Lr''^  ""'«™'- 


The  (lamn<Tes  sustained  bv  the   Pr>nf,.n«f^    • 

.^  J  Article  of  the  contractla.  f  he  pro"  oni^tor 
ed  ,n  barns,  exposed  to  the  weather  an  J  utdtaarpJace; 
—See  Porter's  own  letter.  3.  There  wer,.  «„  "''"'^P"^"^^ 
provided  by  Govorntnen.  to  rele^: Z'-pZTo^TZ 
8th  article  of  the  contract  and  Barton's  certificate  4  Th« 
Cotnmctor's  agent  vva.  not  authorised  to  receTve  U.t  Jo! 

B.  On  hearing  that  Mr.  Thorne  who  had  been  forbid 
•Ion  to  receive  provision  except  in  equal  proportionV  had 
given  a  receipt,  which  without  the  sanction  of  t  ,e  comrac 
torwas  ot  no  validity,  Mr.  Anderson  e.plicitely  prottted 

-imty  of  the  U.  States  ,o  cl   ^e  L  ^    r  a  Vi  2*  'T  "'   *""^^  f"' 
oi  7  1-2,  .    ^         "*^"'^  ai  4  1-2  ccMs  per  ratwn  ia  lieu 


^J*.  Anderson  was 

iiA.  Porfer,iiorthe 
IS  a  voluiitaiy  acco- 
etterofthelSth  of 
ff  his  claim  to  com- 
m  justice,  that  he 
yur  over  the  otlicr 
i)uance  should  be, 

ifl  vv  ere  otherwise 
point. 


tractor  in  conse- 
•  are  so  obvious, 
>at  any  opposition 
5  are  briefly  these, 
ctor's  agent  to  re- 
on  was  illegal  be- 
ry  unequal  pro- 
rations.  See 

ovision  was  stor- 
at  distant  places 
e  no  storehouses 
provision — See 
rtificate.  4.  The 
receive  this  pro- 

lad  been  forbid- 
•roportions,  had 
1  of  the  contrac- 
icitely  protested 

■  5  cents  per  rat'on. 
Is  to  I  he  (contractor, 
om  ihe  justice  and 
itB  per  ration  ia  liea 


155 

ignorance  oiSr„  of  rr'.'"  "™"  ""^"'  °''"'« 
tainlv  tli.>  r;  s/„,„  Contractor's  ageut.  C«r- 

verned    vri-'ri.        •  "'"'^•'/"•"'"ct  ought  ever  to  be  go- 

misfortunP   f  „        1  ''"'"'"S^'  ''"'"«''  fr"™  the  error  or 
cTevoto""o  tL  fs'^i'!^  !',  '"^rSf •  .^'"•*''  *'«"«  d»y«  have  b.-en 

mjue  proporuons.  properly  stLd,  and  voluntarilyr^ 
Again,  let  it  be  recollected,  that  this  sacrifice  invnlvoJ 

ful  agents  'hat  evT;"  '^.p^vTin^l .tr  ""''  "'''".'"••*  ""'^  '""»   "^• 

Gen.  Dearborn  directed  him  to  So  TdZLPV"""    '''"':"'  ^'P«""""»- 
tions  of  h:«  «.:„-:„„.  ^"  °°  *  ^"'^  "'a*  wai  oppwed  to  tlie  iiutrue 


u 


i5Q 

cate  of  N.  Allen  a  Sm«„    fl""',"^"'''  (^''''•'  "'«  ^'^^ifi- 

the  (acts)  but  i  ^  "^~rj'?, ''"'  '^'"J' '"  possession  of  all 
certificate  of  John  U  ',1!  '  ""n!"''"  '"spccted-See  the 
frontier.  ^"  ^""'P"     <^"«"er   master   on  that 

dit!?-o'n"  ZZJ:  ":■  fJ"""'""  Tf  '^  '■'^  «'"•■<'  Au- 
ly  made  by  ,VIr  And.r  nn  l .""«''","'  .'I'  Po^i'  subscquent- 
to  refer  the  SecmiH  P     .    '"",'r"— ,« ' "  ''"ely  necessary 

wherein  he  exDlicifl„  Jll      ,       *^l"'^<"''  of  July,  1814, 
oortofohjectioT         "  «*/'««^J^  *<«to  coK,^»teto  »„ 

tvafv-ery^'proS;  e"e;!'i;d'rr  T"'*""?'  '^'"'''^  --"»'« 
over  to  his  agen    hrTf  ''aii.H.ed  provisions  turned 

is  doubly  entS  Z  thflT'  '""■."■'"='o'--Mr.  Ander.'a 

h«  protested  aU,e  time   str?  i"''"''^"'  ""^  '''"■•  ^''"""'^o 
of  Gen.  Dearborn  '      ^^  ^  "S""'^'  "'«  wquisitioa 


i«*«  and  Da,nagcs  in  reccMng  Deposits  in  hulk  or  mass. 

4iti:iV^or;:;o/rrr''"'  ^"'^"  ^""---1 

having,  been  IC^^^T^^  "^T  r^""^ '^  '"«^ '■^<"» 
belonging  to  the  IJuiypH  «!,. t'^  ■ '  i^  '"  '''^I'osit  provison 
..       o    S'oi'ieuuKedStates.in  the  years  iSlaand  1814 


iiost  assuredly,  never 
»t'  (lecisiun  of  tlie  Ac- 
ed  to  make  Jiiinr  iler 
either  had  the  wuh 
n  of  a  single  cent,  ig 

provision,  the  fact  is 
?t3d,  (8ee  the  ct-rtifi- 
•espectabiiity  and  un- 
f  in  possession  of  all 
n  inspected— See  the 
•ter  master  on  that 

«ed  by  the  third  Au- 
d»  posit  subsequent- 
t  i>  barely  necessary 
le  letier  of  Mr.  An- 
ever,  ofJuly,  ]814, 
e  these  depositSy  ihe 
ates  constitutes  no 


lent  of  his  accounts 
id  provisions  turned 
or— Mr.  Anderson 
'*«'  by  him,  becau.se 
mst  the  requisitioa 


itsinbulkormass^l 

Elbert  Anderson  J 

iftered  a  loss  fromi 

♦  ■eposit  provis.on 

ars  1813  and  1814 


157 

laying  at  tlie  original  places  of  dcnosif  nnJ  i.    *   , 
'''"••••-nt  points  iu  the  Jtate  of  N  'w^Yo  1^1  ^^'"^7'  « 
-me  of  these  place,  are  situated  at  I  ct\  Sr^"'' 
tance  from  the  frontier,  vvhero  the  said  nl     •       ^^  ^^'^^ 
re(iuirod  to  be  issued    iruV  in  I"^ovisions  were 

^-ceoftrans;o:.i:tiirVpoZe;'^  ^^  ''^^ 

occurred  which  mnsr  hn^^i^       ^      ,"''°^'^^''*^^«tacle8 

m  .ge  to  Elbe     An  lo  Xn  •  "^^'^'"^^  considerable  da- 

flou^r  was  constanti;!"";  o^  rm%r.^^^  ^«  '''' 

fitruction  of  the  bam-U     ti."  i      i         ^»*-' common  con- 

and  liable  to  mouKlliatL  "^^^^  'T^^ 

hy  evaporation  and  Ioak^^eTthe  por^^^^^  cbmmishing 
Its  pickle  and  thence  liable  to  TnFnJ.  «.  .i  ^""^^  '*^"'"« 
ject  to  a  heavy  loss  from  drl^'"''#^^^^  ^*'"  «««^«"l>- 

tions,  as   well  as  from  tho^^'i  .'^'^"'"''"-^e  considera- 

transporting  of  proper  V     am  r^  T"^^''  ^«  '^^ 

incurred  b/  an?  co'n^'^;to  ,^tT=^^^^^^ 

the  same  d  stance  as  it  wn«  .  J  j     »,,  P®"y  *»  renjoved 

E.  Anderson,  wruid\L7Lre^ht' pV~'  "'  "^'• 
damaged  >tatc  ofthcpror,uion  received  for  issue. 

Master.  E;AndLrrsted:rr,o'j/tt*^^^^^^^ 

quantity,  but  more  especially  in  the  n7n  l^f'        ""'j'  '" 

was  not  worth  more  than  ha  f  price  Tn  h  J' "'  "/"""y 
bv  the  Baker,  Mr  Willi«m  f .,  i  "  P"'"*''  ""ed 
compelled  from  asenseonusticer"'  '''\.'=''«'-''Mor,  «a8 

aiiow^anceofsoTr/fli^rrtr;  :t:'rr7^^^^^^^^ 

the  contract  made  with  him  for  baki".  common "i"""' 
In  makmg  the  above  certificate,  it  may  be  mooerT    f  T- 


Richmond,  Ontario  Co  iV. 
V'  Oct.  26th,  1823. 


N.  ALLEN. 


J 


! 


158 

BOA, .«  with  tlic  exception  of  the  frcsli  beef. 
Oct.26th,m3.  N.ALLEN. 


Value  of  the  packages  Sfc. 

Br,'lH  R  ^'""'"•y  ""d  Vinegar,  Barrels  for  flour  and 
l^rtad  B«„el8  for  Ueef  and  Pork,  and  Boxes  for  8o"p 

■  captuled';,"":  '''"^''''  "■•'  P;"-'i"»  P'«ce.l  in  de  ..^ 
Dack„™  "r  "'"  ^'"S"™  f"'"""-  "-ere  conlnined  in 
packages  as  aforesaid,  and  that  they  the  said   packal. 

TsJT'"^-^  '"'  "'"  '^«"«Portation  and  safe'^  keeS 

rurSa  .!'«""'",•  """^^  ''<'"'"•«'  I^ofols  containinn. 
pork'  one  f  7^  '^'"••;«'«  con'oi-ing  whiskey  and  beef  a«3 
dies  2^.  .  I^^ach  Boxes  containing  soap  and  can- 
raHv  f^.*^':?'-.?""''.  <"'d  tl.at  the  above  prices  are  gene- 
candles"  t'^V'^r'"'  ''''''•  """^  Boxes  containing  soap  and 
candies,  by  the  Contractor,   at  the  time  of  purchasing 

in  'l.r  '  P''  P"""  "'  •'"'  "*«™g«  ""'"e  and  are  inchided 
in  the  general  pri,,e  of  the  meat  and  flour  equal  to  38  c  1  for 

w;:;rv''bbi:''''H-"''' '""/"'  "•^'''  bbil'^r^d'^'t 

wirskey  bbls.  and  soap  and  candle  Boxes,  generally 
muKe  a  distinct  cha,-,?..  in  additio.,  to  the  pr  cf  "f^ho 
wiuskey,  soap  and  candles.  ^  * 

A<...4,182S.  MMESTHORNE. 


to  the  Cunirnctor, 
y  on  the  Niu^rartt 
liiH'd  in  burrolH  or 
sot". 
N.  ALLEi\. 


actur'a  jirovisioii, 
r  is«u(!  or  jiuMic 
h  as  H[|(Ih.  and 
'Is  for  flour  and 
Boxes  for  8onp 
ace<l  in  deposit, 
3re  contained  in 

said  packages, 
id  safe  keeping 
id  i-^kagep  aro 
rrels  containing 
:ey  and  beef  and 

soap  and  can- 
rices  are  gcrne- 
lining  soap  and 

of  purchasing 
and  meat  bblg. 
nd  are  included 
lualto38ctifor 
bbis,  and  that 
oxes,  generally 
e  price  of  th& 

THOUNE. 


159 

Bad  condition  of  A.  Porter's  drponit, 

I  certify  to  the  best  of  my  recollection,  that  the  flour  on 
the  \iak«:aia  fionfirr  received  in  June,  1H13,  from  Au<Mi8- 
tns  Porter  P'.sq.  by  Elbert  Anderson,  Est;,  army  cont"rac- 
tor,  was  in  bad  onh.'r.  Its  exposcMl  situation  for  want  of 
uuitable  {Store  Houses,  was  alone  hufticient  to  produce 
liiuU^rijil  injury,  b.-ifinr  mostly  deposited  in  barm  and 
8hedn,  but  litth?  (calculated  to  keep  out  the  rain  or  to  pre- 
vent waste  by  plunder. 

^  JAMES  TIIORNE. 

Marthorov^h^  Woolen  Factory,  Nov.  4,  18f?3. 


Extract  of  the  orders  given  to  my  asents  dated 
iWay  24,  1813. 

"Tf  the  provision  left  in  deposit  should  not  contain  all 
the  articles  necessary  for  the  rations,  you  will  forfl)with 
advise  Messrs.  Mather  &  Thome  of  the  deficiency,  and 
state  what  articles  and  the  quantity  required  for  issue — Jt 
will  be  advisable  not  to  give  your  receipt,  or  mak^  me  ac- 
countable for  provision  ir  a  greater  quantity  at  one  time, 
than  are  absolute  necessary  ;  especially  of  those  articles 
liable  to  waste  or  spoil,  as  Flour,  Fork,  or  hard  Br«;ad, 
and  whiskey  that  may  be  in  a  leaky  <;oadition. 

The  provision  should  be  delivered  to  you,  in  due  pro- 
portion of  all  articles  comprising  the  rations." 
Yours  truly 
fSigned;  ELBERT  ANDERSON. 

.  To  the  best  of  my  recollection  the  above  is  a  true  copy 
of  the  instructions  given  to  James  B.  Leonard. 

JAMES  THORNE. 

Nov,  I,  1823. 


160 
Claim  for  Transportation, 
Amount  ^13,136.24.     (See  order  for  depo.u.> 

U  rnt^  ,.        ^  EXTRACT. 

.b.wi    b:"fc^V!:fr"*''''''.P°^'«°"  Lake  Onta- 

.he'(„v2[o:v;.ireTmiiir  rj '■^'°",  .*,?.°'i"'^  p'--  - 

of  the  Militia  bvG,mr„'i.'-  .""^'  '«'■  "'«  s"»t-ly 
Aptil.  XoS}^^'"-  ^^"'-»  »'•«>-  ^th  ad  14* 

otl.cr  place  or  post,  the  eln,.„!l  '    <■    ''  '''''"ered  at  an- 

Dolt„:::',"r  L^^^  "«"•  ?-!  Major  Gen,. 

ready  in  riepoit  o   r^c^S  to  I.e7"'"''' "'>''^^*^'°"''  ^^^ 
ticiilor  place  or  nn^t.,.  'I.^P"''""'^  «  any  par- 

within  ^^^^:t:rsv^  nr  '"T 
ehLpro;.iorrntt^rsirrr~''-^..^---  • 


er  for  deposit. 


> 


1  Lake  Onta- 
iiesee,  Salina, 

STRONG. 


'ler  places  on 

ov  the  sj'uply 

1314.     ,;See 


161 

ait,  as  would  be  practicable,  and  he  would  also  probably 
purchase  provisions  deliverable  at  the  designated  placCr 
If  after  a  deposit  made,  or  after  purchases  with  a  view  to 
be  deposited  in  a  particular  place,  a  new  destination  is  gi- 
ven to  the  provisions,  it  must  necessarily  subject  the  Con- 
tractor to  a  loss,  in  the  transportation  ot  the  provisions 
from  the  place  designated  as  the  place  of  deposit  originuily 
to  the  place  subset, uently  designated  :  and  I  am  therelore 
of  opinion  that  this  claim  if  supported  by  the  facts,  is  a 
legal  and  just  one. 

A  SPENCER. 
Oct  23d,  1823. 


4th  and  14th 
:ive  full  po w- 


[•ed  5  and  6, 
5  a  plain  un- 

be  required 

shall  after- 

ered  at  an- 

»er  place  or 

ajor  Genl. 
ovisions  ai- 
t  any  par- 
>val  cornea 
also  with- 
liied  to  be 
Lira! ly  pur- 

iS  a    uCpQ- 


The  clnim  of  Mr.  Anrlerson,  for  transportation,  in  cases 
where  he  conveyed  v>rovisi()ns,  under  the  orders  of  Cen- 
cral  Dearborn,  anO  General  Hall,  to  other  places  ot  dej)0« 
fiit,  than  those  under  the  first  order  of* deposit, 
appears  to  be  entirely  correct  and  jusi,  so  far  as  the 
expense  of  trans-^^tation  was  increased  by  a  varia- 
tion in  the  place  of  deposit.  I  cannot  conceive 
how  a  doubt  can  arise  as  to  the  justice  and  legality 
of  his  claim.  It  is  founded  on  the  8d  article  of  his  Con- 
tract, with  the  War  Department,  and  there  is  no  color  or 
foundation  for  any  distinction  between  the  loss  of  provi- 
sions diverted  from  the  original  deposit,  while  'U 
iransitUf  or  after  they  had  arrived  at  the  Stores.  Iftno 
expense  and  hazard  of  transportation,  were  enhanced  by 
a  change  of  place,  under  the  orders  of  the  commanding 
officers,  the  title  to  indemnity  and  fair  compensation,  fog* 
the  extra  expense  and  risk  is  indubitable. 

JAMES  KENT. 

New- York,  October,  30,  1823. 


The  contract,  the  letters  of  Gen.  Der^rborn  and  the  order 
of  Gen.  ilail  only  relate  in  terms  to  provisions  aciUiilly 
deposited.  I  do  not  think,  therefore,  that  they  give  any 
log'dl  support  to  a  charge  for  the  transportation  of  provis? 


11 

1:1: 


ff    ; 


■  \ 


162 

t;- "-lor  !uul  made  Ins  pfX^at'-.T^'  »"«'■  "'«   C„„- 

'""  '«  i"-'"vo»,e,.cc  an,l  ".""si  I  H:!;rr' •''''''•  '"" 
to  )e  lemii.iLTate,!  for  such  ,.vm .  '  "''  ''"  "*  """'1"^ 
sii-!iiKM)avu-iii..„ce,  so  far  ■,/,.""",  ,'"""i"''''""efl  ''or 
da.o„  .or  a.oerta,„'i„„"  tC  iTunr"'""'' "'  '^^  "  ''-"- 

A'ew'-rorA-,  iVb„.  5,  ,823.  '"^^^-  ^^^^^  EMMETT. 

In  ad  lition  to  the  remnrlfc  «r,o  i    i 

«<H  tife  explanatory  itue    of  vf       '^n""  °"  "'"•  ^  •""» 

Oct.  27   1«23;  and   r'nue^t   ill^-'"';,*^'-'''-  "«"'  ^'«'"d 

C'o.n.,trollertotl,lslettHr      H.Tl         """"  "'"  "'«  '-^"d 

aliy  :ie,.osite,i  a(  H  ,n  Ifords  si   J  w  f'™''"*^'"  l>een  actu- 

re'|,.,re<l,  by  the  Socretaro/' W-?'        """'■  *"•"  "'^  ''''l>"-it 

«o,,l,i  have  beon  greatly  increase,!  „  '  y""<^''  «""«« 
l)ut  the  order  of  GenI  /r  n  f ,' "°' ""'>'  m  Storajre  • 
jor  Genl.  Dearborn  of  he'irh'.'f';  'T'"" '"'"  "^J^V 
aWpdthe  Contractor  t,  have  del  ,^7','^""'''  ''■'^^  ''"- 
""<  one  cent  per  ration  fvomaftt  ^  '  "''^  ^^^  «'• 
»"''  the  lo«.,  ,!isk,  &c.  i  the  Li!  '''""'  '^  ''"f'°«i'ed 
l'eo„  borne  by  the  United  Stated  '^°"''"""  ''°"'''  ""'^e 

I  he  Contractor's  provision   ..'i'    1,1. 
t^.n.«|;or,e,l  at  his  ow  .  Txpen";  fo"t    '''  '"'''T""'^'^  ''^"n 
li'Hl  all  been  swept  a.vav  and  1  /       ",",""  """  '"'•"'"ier. 
.""h«lintisho„the3l"^ofDpf      r',''o''y  "'<'   '"vasion 
>."?  tl'e  critical  state  of  that   fV     , "'k^'^'''"'' ^''^W'^r- 
"'.'•fai<U.e  could  not  hesi,ate"o    T  ^^  •";"   '"^a^ion  a- 
willi  )ut  availinir  himself  of  I  is      •  ■■"  ,  ^'  """•  Promptness, 
•i'o  «'veral  re.misi?;!;"!  °'j"(.P."v.ledge  of  30  days  notice.' 
'    '      "■'  "'  ^^'''J"f  «enJ.  Hall.  "  Had  he 


Iv  as  file   con- 
"cs    uro    ti,   j,e 
T   mny  he   re- 
■^tatew."  But  its 
jter  the   Co/i- 
is  measure*  t\tr 
nu8t  |jav<!  put 
^  l«o  is  ofititic'd 
'n|)ensated  for 
1  or  my  a  foun- 

EMMETT. 


n  Ilandford's 

n  file,  I  now 
Hall,  dared 
^i'  tlie  2nd 
n  been  aetu- 
r  the  deposit 
1  of  the  16th 
ited    States 
in  S+ornge  ; 
>'Her  of Ma- 
d   have  en- 
'  J-2perct. 

0  deposited 
vouid  have 

i(/usly  been 
at  frontier, 
-   invasion 

1  consider- 
nvasion  a- 
omptne^s, 
ivs  notieft- 

Had  he 


16s 

studied  hi^  own  interest  and  delivered  the   provision^  nt 

Hand(ord's  store  house,  mouth  of  Genesee  nver  a  ,    ^,1 

hen  taken  them  up  for  issues,  he  would  have   U^e     r    |v 

disinterested  anxiety  to  meet  the  exigencies  of  th    t  .  / 
and  to  avert  the  threatened  disaster^'^'h  tt^i  "i:! 
duced  him  to  waive  the  exercise  of  a   legal  ri^ht      Tl?e 
provisions   were  purchased  m.n,f  (unessee  rfvpr  in  h 

rhe  3d  article  of  the  contract  certainly  does  not  sreri- 
fically  require  the  provision  to  have  aclually  chan.  J<'  [ In 

Z%T."  ^T  ^^^^»  ^^P«-^-^J  i"  or^ler  tc>  L.ke  u"  ,n      I 
portationa  legal  charge.     (See  3d  article  of  ihe  iot 

Claim  for  Tax  on  Whiskey. 

OPINION. 

The  claim  founded  upon  the  within  statement  of  faof*, 
does  not  appear  to  be  admissable  at  the  Treasurv  t1' 
partment ;  and  the  equity  upon  which  the  claim  r"tJmu:t' 
be  addressed  to  the  justice  of  Congress.     I  shou  iT're- 
«ume  the  appeal  to  that  justice  would  not  be  made  i    v^^  ' 
and   Mr.  Anderson  has   very   equitable    and   per  ua  rve 
grounds  to  ask  for  a  reasonable  indemnity  for  Le  de  ,  e! 
ciation  of  the  value  of  his  contract,  by  the  direct  int7rr- 
ence  of  Government  with   the  very  article  on  U"irh  hs 
contract  with  them  was  to  operate!     He   cont'ac  s  w  th 
he  Government  of  the  U.  sUs  to  deL^Sev    1- 
lons  at  such  a  price,  and  Government  then  whi  e  the-con. 

nrrearthT""'"'!'^  ""r  ^"  ^^^'^•'^'^■^'  «-'  -LeTd 
increase  the  price    it  strikes  me  that  Mr.    A.   has  vct 

fnri' w  "^K^""  "'^"'"^  for  a  compensation  by  v!av  of 
contract  "  ^«J""-- ^peration'of  the  duty' pon'hi^ 


U 


■ft 


Albany,  22d,  October,  1823. 


JAMES  KENT. 


I  !  « 

ii       K- 


»: 


1G4 
It  Appears  to  me  that  it  would  be  very   uniust  rw.t  tr. 

r.    „!i        ""a^''"*  contriict  under  a  state  of  thinffswliicli 
he  had  no  right  to  presume  would  be  changed  .hiring  iij 
cnlinuance.     Government,  to  supply  its  own  conln 
ence  or  wants  voluntarily  made  a  cl.a.fge  whfch  ejen"  -' 
ally  injured  h.™  as  the  other  contracting   party    md 
probably  deprived  him  of  all  his  profits,  the  cha  Z  „!„  ., 
«s  well  have  been  carried  to  an  ext  nt  U  at  S  mat 
the  execution  ot  the  contract  ruinous  or  impossible      If 
th..  change  had  been  produced  by  the  IctTa  s^  t„  Jr 
or  foreign  power,  perhaps  he  would  have  no  other  !» 
.  ..rce  but  to  throw  himself  on  the  generosity  of  the  ^ther' 
p    ly  of  the  contract.     But  where  that  party  to  the  con 
tract  has  voluntarily  done  an  act  so  essenti lly    varyh"; 
the  situation  and  destroying  the  profits  of  the  other  oar  v^ 
I -hmk  he  IS  bound  to  make  good  the  consequencerof  sil^h 

K      ^r    ,    nr  THOMAS  ADDIS  EMMET 

IVetc- York,  Nov.  &th,  1823.  i-i«J.un. 


Reply  on  Claim  for  damage  sustained  hy  Tax 

Whiskey.  '' 


on 


i-,^"^)"^^  T  ^^  ""i*?  ^y  •"«'  '»  "')''  to  the  force  or  iuB 
tice  o  this  claim  and  had  the5d  Auditor  simply  referred 
the  Claimant  to  that  August  body   who  nr,  A.,,,Zr       ■ 

tat  ^n;sr£;x-;,;r " ""  '"• '" 

1  he  claim  however,  is  one  that  addresses  itself  to  .!.» 
best  interests  and  truest  n„Uo„  «<•„!:  r  1  .  *°  '"* 
evorjealou.  of i.J  wn  ri&"fl  "  ^"''^''•.''"ed  nation, 
«.e  f  roi,,.  done  ^Vt^;  ^^^  -f^  'o  red  res. 
While  the  Constitution  of  our  Country  ^n&X  mlt 


165 


njust  not  to 
atiiuatod  his 
hingsvvliicli 
I  (luring  its 
vn  conveni- 
ch  essenti- 
party,  and 
diige  might 
ouid  make 
)ssible.     If 
a  stranger 
•  other  re- 
)f  the  other 
t)  the  con- 
y    varying- 
ther  party, 
3es  of  such 

IMET. 


Tax 


on 


le  or  jufi- 
f  referred 
t  for  wise 
ury  done 
he  was 
rax  was 
have  in- 

If  to  the 
i  nation, 
►  redresa 
«vn  acts, 
the  most 


solemn  manner,  the  most  sacred  regard  to  the  fulfilment 
of  public  faith,  this  claim  for  indemniticatiitn  i  out  that 
must  ever  be  ncknowledged,  by  the  unaninu  us  concur- 
rence and  consent  of  every  man  in  thiscomnjuniiy. 


I  have  considered  the  within  claim  to  an  allowance  oil 
the  article  of  whiskey,  in  consequence  of  the  act  of  Con- 
gn^ss,  of  the  24th  of  July,  181^.  It  is  presumed  to  be 
an  und(!niable  proposition,  that  the  same  principles 
whicJi  govern  and  control  the  contracts  of  individuals, 
ought  in  a  moral  and  equitable  view,  to  be  applied  be- 
tween the  Government  and  an  individual.  If  an  individ- 
ual had  by  liis  own  act  prevented  a  party  with  whom  he 
had  contracted,  from  the  performance  of  his  contract ;  or 
had  artificially  and  contrary  to  the  just  expectations  of  the 
other  party,  enhansed  the  price  of  an  article  contracted 
to  be  deliverrd,  it  is  beyond  all  doubt,  that  a  court  of  e- 
quity,  would  alford  relief  to  the  injured  party.  The  Go- 
vernment undoubtedly  for  wise  purposes,  passed  the  act 
referred  to,  but  in  doing  so  tliey  unintentionally  injured 
Mr.  Anderson  ;  by  virtually  changing  the  nature  of  his 
contract,  and  imposing  upon  him  a  burden  which  he  ne- 
ver could  have  contemplated  wlien  he  entered  into  his 
contract,  on  the  25th  of  February,  1813,  the  direct  eftoct 
of  this  act  of  the  24th  of  July,  1813,  was  to  enhance  the 
price  of  whiskey,  and  thereby  Mr.  Anderson  was  prevent- 
ed from  obtaining  it  upon  the  terms  contemplated  by  both 
the  parties  to  the  contract.  It  is  true  that  Mr.  Anderson 
took  upon  himself  all  the  risks  of  the  fluctuation  in  the 
market  ;  but  he  did  not  take  upon  him  the  risk  of  the  rise 
in  the  price  of  whiskey,  produced  by  the  act  of  the  other 
contracting  party.  It  must  have  been  impliedly  under- 
stood by  him,  that  the  other  party  should  do  nothing  to 
enhance  artificially,  the  price  of  whiskey. 

I  cannot  hesitate  in  saying  that  after  the  Government 

latcd  price,  then  to  pass  an  act  having  a  material  influence 


t^i-ve'^oIrS'^^^^^^^^^  "'"  ^''"'-'  '•  foreseen 
Ccnj;rnct?     And  cm  it  K    .    .•  ^""*^"<  ^'  against    t  by  his 

>f  the  pric..  of  whiskey  sl,„,,M  hi  ""  """''«'  "'at 

tl'e  government,  thatthco  ,  1?  '^".''«"<;'--«l  ^y  an  „ct  of 
e<l  to  ,l,e  contractor  Co  si^S'^r  ''l""'^  ^^  ""•^^^- 
one  >vul,  the  government ,  rot  ^ll  '""  -'"^^  "'"'"•««  " 
he  govormnent  have  by  an  acf  ,  ,  '""«"°r^y.  «•"!  that 
the  contract,  prorluced^a  nmtr  ^  f  '*"''*''l'"^'«ly  to 
articles  contracte.)  to  be  cleared  -hf"  ""  """  "'""^ 
••><l  obv,ou«  principle  of  eou  tv  W,,'/  ,  ''"f  ''^ "'«  "  P'^*" 
sate  Mr.  Ai^l.rsor/by  mZnT'.lt .  T  '''°"'''  '=""'?''"- 
by  the,r  own  act.     Oct  Ij'  ills  ''"'  °'"^''«ioned 

A  SPENCER. 

aer''.tt;Tr:rof  7"no?T<U  1  'r '^'  t«;  '■-"-•-<1  "n- 
tlem,n,  The  s„me  is  now  d  a;!"^'"' '"  '"""'''  '^'- 
equitable  allownnee  under  the  t^f  "  reasonable  and 
called  to  Washington  bv  the  wr''"""^  "'"'"^  ''eing 

7  Nov.  VU  .  applicable  Lt  "4  ir'''  ^"  '"""™«  "^ 
Byers)  to  the  t,  ..  e,vi,.e,  cies  ,  f  «"-e"mstances  to  J. 

Mly  appear  by  U.  ;«,d  O^m;:  Si^rL?''  "^"  "-  '^'" 

^•^j  -tur.  Anderson  was  not 


HUlltiFamiMUHIl 


tlie  former 
^arci.tly  an 
n  contract- 
y  the  same 
m  individ- 

'   foreseen 
th  of  July 
t  it  by  his 
!creta  ry  of 
ticle,  tliat 
'  an  act  of 
be  alJovv- 
r>ntract  as 
',  and  that 
iuc^ntly  to 
ne  of  the 
Ilea  plain 
compeii- 
;casioned 

[CER. 


^^ert  An- 
T*  States 

sbed  un- 
mer  set- 
tle and 
s  being- 
etter  of 
tract  of 
es  to  J. 
«  it  wiil 
vas  not 


167 

bound  to  nirni^h  casks  or  pnekaffcs  ;  but  it  does  appear 
the  said  c;i.skN  and  padva.(3M  were  furnished,  and  were 
noce>.>Hry  t(.;-  the  safe  kee}>ing  and  preservalicji  of  the 
provision  called  for  in  deposit,  and  thai  the  same  were 
made  at  phuies  and  posts  where  tiiero  were  no  troops  or 
ganisoiKs,as  made  it  obliiraiory  on  the  Contractor  to  obey 
the  orders  for  said  deposits,  as  will  be  seen  by  reference 
to  the    ovenants  and  conditions  of  his  contract,  dated  as 

^^^^^^^'S^'  21,486,41 

JJeduct  amount  received  from  deposit,  7,514,1 1 

;Jf  13,972,30 

Under  Contract  25,  February  1813. 

No.  1— To  amount  of  provisions  belonffinff 
to  the  Contractor,  sold  by  John  Bliss,  A.  D.  Q. 
M.  General,  at  Sackett's' Harbor,  and  credited 
by  him  in  account  with  U.  S.  for  quarter  ending  30 
June  1814.  -  ^ 

2. — 287  bbls  hard  bread  erroneously  charged 
me,  as  said  to  have  been  received  from  A.  Por- 
ter 28,700  rations  at  7  12  2152.50 
also  394  galls,  whiskey  12608     3  1-2    441^28 

3.— Amount  casks  captured  and  destroyed     2,593  78 
by  the  enemy  as  pr  statement,  1901,1 1  ' 

To  amount  casks  and  packages  lost  and  de- 
stroyed by  troops  U.  S.  in  descent  of  the  St. 
Lawrence  pr  statement,  2904  75 

Note.^This  amount  of  barrels,  casks,  Sec,     4,805  86 
IS  charged  under  the  6th  article  of  the  contract 
and  under  the  condition  of  the  contract  allow- 
tng  an  augmented  price  of  the  rations. 


A 


114,00 


Forward  2 1.4ftr>.n4 


168 


4— To 


Forward  21,405,94, 
provision 


m 


-      «  o  transportation  depo 

I'lattsburg  to    Fronch  Mills  L 

January  1SI4  pr  voucliors  lierowitli. 

fromTi;;^,.'!-''''.''","'''  r""''^'  "f  transportation 
order  ,!?m''^ '"'"'".'?."*  Willi.mH.ill.;.  |,y 
order  of  Major  General  Hall,  pr  receipts  here- 

vJZ'T"  ^?""'  "'""■'"='  transportation  pro- 
v.s,o„  ,,„,„  (5  ^j^^^.   ,^_^^.^H  pro 

cd  for  deposit  there,  and  afterwards  ordere    to 
Wdljamsville   by  order  of  Mai.  Gen    Hall 
vouchers  herewith  '  ""' 

7.— To  damages  sustained  by  receivin:'  of 
Aug.Porterandofcapture<l  flour  as  well  ^.s  Ctli- 
er  provisions  purchased  by  orders  of  General 
Smyth  and  by  Qr.  Ms.  Camp,  on  the  N^ira 
frontier  in  June  1813,  there  I  cin<r  an  excess  of 
C0M38.  Rations  of  flour  over  the  number  ^f 
meat  rations  at  Sets. 

Note,  as  the  contractor  was  compelled  to 
receive  the  above  excess  by  orders  of  the  com- 
manding general  and  not  by  the  general  stio- 
..lations  of  his  contract  and  as  it  will  appear  bJ 
the  receipts  for  the  same  it  was  deposited  i^ 
various  places,  and  in  "  bad  order"   at  a  dis 
fance  from  the  posts  of  issue,  and  without  suf- 
ficient store  houses  &o.     He  asks    from  the 
justice  and  equity,  of  Government,  as  well  a^ 
the  stipi,  ations  of  his  contract,  that  the  reason! 
able  and  equitable  allowance  be  made  to  hi^ 
on  the  access  of  flour  received.     See  his  re 
marks  in  rod  ink  on  this  subject  in  his  ori.T 
Ml  accounts  on  file  in  the  accountants  depar  - 


130,43 


832,87 


12,303,37 


9,190,14 


Forward  43,94a.75 


169 


'(\  21,405,94, 

m 

d 

d 

130,43 

n 

y 

832,87 


12,303,37 


9,190,14 


8.  Tod 


nma«?e  sustnincd  by  not 


- — p, — ,  —  receivi..^ ..., 

bnluiK'OM  otncially  declared  duu,  for  which  wur 
ranto  were  isnued  and  certitlcuteH  given,  viz : 
$\Q\  24^^,57  dated  14  March  1815 
56  756,42      "      27  June      " 
7  3}m,34      **      10  July       ** 
which  balancGH  by  the  10th  article  of  the  con- 
tract, wore  immediately  to  be  jiaid,  and  like- 
wise under  a  pledge  (making  a  furllKjr  part  of 
my  contract  of  !25th  Vvh.    HJllJ,)  made  by  the 
the  Hon.  J  amen    Monroe^  dated  3lHt  of  Oct. 
1    1 4,  pledgiiiff  that  the  balancoH  due  whouUI  be 
promptly  paid  on  H«;ttl(;mrnt  of  the  aforesaid 
accounts.     See  rec(;if)tis  for  time  of  payment, 
and  certificate  of  J.  VV.  Yates. 

Reserving  to  my  heirs  jind  ns;<igns  the  right 
to  call  for  the  bencifit  of  hucIi  general  provi- 
■ion  a»  congroHH  may  have  made  or  may  here- 
after make  for  the  general  relief  of  public  cre- 
ditors who  have  furnished  f^uppliesand  received 
the  amount  in  treasury  notes  or  in  noten  of 
local  banks  which  were  he  low  Hpecio  value 
at  the  time  and  place  of  payment. 

To  damages  suwtained  by  tlio  augmented 
price  of  the  Whiskey  ration  furnished  under 
contract  25th  Feb.  1813.  Caused  by  an  act  of 
Congress  passed  24th  July  I8l3  to  take  effect 
1  of^ January  1814,  five  months  before  the  ex- 
piration of  said  contract,  laying  a  duty  on  stills 
and  boilers  employed  in  distilling  spirits  from 
domestic  materials  during  the  y(!ar  1814,  sup- 
posed duty  being  14  1-  ,*  et»  per  gallon,  amount 
furnished  in  said  period  is  226,045  galls,  at  14 
1-2  cts. 


Forward  43,948,75 
.gth 


(  ( 


10,000 


32,776,52 


3,94o.75 


Forward  86,725,'27 


vy 


31 


i70 


jln  «^  r  '^^*^'  '^^  ^''^'  '''"^'  '^  took  en:.cl.  Ist 
Jan.  '«I4,  amount  or -alhMKsiurnislicd  in  sai.l 
period  IS  mVdo,  at         cts.*       ""'^"^'*  ^"  «'»'« 


Washin^rton,  Aug.  11,  1813. 


J>lls.  8(i,?25,J7 


Sir, 


ALBERT  AIVDEii^OiV, 


Washirfnfon,  im  Jngvsf,  1823. 


fiincerccdvedfromtho  Wnfnn.rr.         ^^Y'-'f'"*"-     •  tinve 
nipo  ..r  "«JiiiuiL  ^^»»and  i  ix'asuryr  ^nts.,ofIi^iaU•o- 

Ples  of  I'orresponi  (»ncp  with  tl...  Iw.o.i      ^-^i      -^'V'*^'"'*^ 

red  on  the  3,1  of  February  a.J  t  ImJ  il^'V  7'  '*''"- 
_prore^tecl  biil«.     Alter  my  accounts  and  vouchers  had 


*  89193  gallons  at  14  1-2  cents  U  i^  q*?*  uo       i  ■ 
tuined  in  consequence  of  the  tax,  iVItoJ;^?.    '  "^ '"''"'"«  '*'"  ^"'•^  '"" 


SUI' 


\ 


\ 


•>%' 


^'\ 


rd  86,725.27 

(I 

I, 
It 
i\ 

*'  80,725,27 


sf,  ]  823. 

1(1  you    my 
<'|»t.  (hmd 
"j>plies  of 
States,   <br 
3.     I  tinve 
officJaJco- 
■  (iepts.  u8 
^carijig  on 

imittpo  of 
^as  reJ'er- 
lie  repro- 
it  tlioro- 
rUvAihwly 
:3stablish- 
«  of  hills 
•ibilifv  of 
ted   bills 

liibit   no 
rlarrm.  es 

berp  had 

«1  luss  SUt". 


'*^' 


171 

been  furuiajbcd,  claiminuf  a  l)alnncc  of  nearly  $S(^0,000, 
of  which  a  huijo  amount  was  su8p(>ndod,  leaving  a  balance 
of  niorti  than  ,>'2riO,()(IO  due  mo  as  ollicinlly  reported  by 
your  dcparimcnt  ;  y(;t  my  drafts  for  ,^2(JU,UCMJ  were  dis- 
honored and  protested. 

If  (Government  have  ordered  protested  I)illfl  to  be  i>aid 
with  dama«|es,  as  aforesai<l,  a  measure  so  just  will  give 
additional  evi»Ience  at  home  and  abroad  of  their  good 
faith  and  credit,  and  will  k;ot  fail  to  inspire  the  creditor  in 
future  wars  and  emergencies,  with  IhatconlidenceaoesMm- 
tial  to  the  interests  and  honor  of  the  U.  {States.  Under 
these  considerations,  it  is  due  to  the  reepect  I  owe  my  own 
chnracter,  and  to  the  solemn  regard  1  have  for  the  welfare 
of  my  posterity  to  make  known  to  your  department  as 
promptly  as  possible,  that  I  chiim  the  damages  aforesaid, 
to  the  full  extent  of  the  usages  and  decisions  of  the  War 
Department,  and  to  a  complete  understanding  of  my  case, 
I  claim  all  the  stipulations  of  my  contracts  or  the  reasona- 
ble construction  thereof,  as  have  been  granted  to  the 
most  favored  of  my  cotemporaries  who  have  faithfully  and 
truly  given  an  equivalent  in  services,  and  have  rendered 
vouchers  for  the  same. 

My  sentiments  and  deeply  wounded  feelings  on  the 
subject  of  protested  bills,  have  been  re[)eatedly  and  res- 
pectfully made  known  to  the  Hon.  Gentlemen  who  have 
successively  had  charge  of  the  War  Dep't.  in  18M,  &,'15 
as  will  more  fully  appear  by  letters  of  23,  24  and  30 
March  1 8 1 5,  &c.  to  If  on.  A.  J.  Dallas,  Sect'y  of  War,  now 
on  file  in  the  War  office. 

With  a  view  of  all  the  subjects  that  may  be  called  in 
discussion,  either  by  private  or  public  examination  of  my 
claims,  I  leel  it  a  sense  of  duty  again  to  call  your  atten- 
tion to  the  balance  due  me,  and  sus[)ended  in  former  set- 
tlement for  damages  grown  out  of  the  improper  interfer- 
ence of  General  Wade  Hampton  on  the  northern  fron- 
tier. The  interference  of  Gen.  Hampton,  with  my  right 
before  he  had  occasion  to  call  for,  or  receive  a  single  ra- 
tion in  my  district  of  sup[)iy,  was  a  serious  injury  to  me, 
inasmuch  as  I  returned  to  the  supply  by  his  own  request. 


^ 


,!". 


'I    ■ 


V 


f 


lita 


17i! 
and  I,v  ord^r  of  (I,o  War  Dp,,',  „, 

hazard,  an.i  i„  „«  „,„,,,  „,  CtZj?':^  ^"""««<'"  ""'1 
tl-nt  year  and  H,c  ton.,.„n,  '.,/"''"  "  "'  '«  ca".|mis„  "f 
attributed  to  ,|,„  curLtor^J .  „,  J!^  '''^"'"  *">ovo.  wore 
we  fact,  that  (ienend  lln.„^<,,i  -I  '""■"""s  '«"<'rnnt  of 
hav.njr  u.ur,„.,| ,),«  no  w       >     """  "'?  «'*"""t«l.l.;.  I.e 

Wo  cert,(,.a.,.s  «ccon,,,«„yi,  ,  ti  e  clai  n  „  .'"•   '^<"'P««a. 
majrps  n(  .?  i(),(ioo.     Tl.c  a  n'om.,  '  ''"""ated  tie  da- 

IcnvM..,  a  balance  now  claimed  S»50o'  ^''■"'  ""'"^<"'' 

In  addition  to  this  tlmro  •  "J'.-^""- 
beeves,  sla„,,|„ered  at  Niaearjf  ""f""  /°''  ="5  W-'es  of 
as  suspended  in  stafin,,,  of  bir  ""■''**'  "'""  -f'««royc,l, 
50-00.  This  is  agai^  ch.  me  tmr;,'  «"":""'^'.767: 
the  conti-aet.  it  cam.ot  be  cZi  I.  i  ""  *"''  •"■"«'<''  "f 
required,  that  the  hides  are  .^ott  "  ^''"''  ^'■''^'" 

i..geattlo  to,  he  place  of  Issue  ""^''"'^  i"  transport- 

paid  for  by  appraisal  un,  erXe    '   '  m'T'!'  «''""'''  '«' 
can  It  be  said  that  the  saineTrft  '      ,   '"  °'^""'  C'ntr  cj, 
the  hides  of  b,.oves,  tha   have  ,  ,^  t'T'  ^'"''"^"^  '" 
f'".t  at  the  time  ..f  capture  ?     I  '■     ,   .""^'"T'l''  "■■  "^^  on 
of  casks  and  (laekag-,  s  capture' l.'l  *"'''''«  a'"o"nt 

aforesaid  article,  and  tli^Ci  fr  '  H  f"-"^"''  ""'''"•  "'O 
tract,  allowin.  an  au^inei'I  J  p  i^e^f':!,"""'  "^^  «"»- 
pei^se  of  issue,  &.C..  in  fhe  enemv'    .      •.  "  '■'"'°"  ft""  <-'X- 

After  the  vouchor ,  and  |et"e7 1  l'".''^- 
before  your  department  ^hallli^l  ,"  "'*'  ''onorto  lay 
t-ny.  should  itt  your  op  ;io!  IL?^'''?«««  «  "?"'  «cr/ 
ment  of  any  item,  , he  samninl  Ifi  ,T"  ''^'"""al  settle- 
Hon  Sect'y.  of  VVar.  I  , "^V^  wlif  ■ "  '"^?'"'^<^  to  the 
to  al,ow„e  .  copy  ofy,Ju.  ^Z^H^^Z^I^ 


*«■,-<»■ 


>  tncof  flu, 

nilocH  and 
•»»P'»'^'n  of 
)o()8,  were 
(nornnt  of 
"t/ihlo,  jje 
'»olo  rc8- 
'f>P0Qr  by 

f^t'specta- 

'd  the  (Jn- 

B  wns  on- 

aliowccf, 

hides  of 
'stroyed, 

rticic  of 

>  bocf  is 
aiisport- 

pressed 
ould  be 
mtr  ctf 
ndc  for 
r  are  on 

iinount 
lor  the 

K  con- 
fer ex- 

to  Iny 
1  scru- 
settle- 
to  the 
>dne«s 
tioDs, 


173. 


that  I 
ill 


my  hav«  limo  to  rn[)Ivafld  plaoo  sirfe  by  gid^  „,» 
1  l.i.strath,i,.s.  IfytMi  will  do  mo  the  favor  toncknowlodce 
the  receipt  of  ihi^  letter,  and  the  one  of  the  Uth  i  ist.  in- 
Glosincr  aceiiunts,    . 

Vuii  will  irrcatly  nliViite  '  "' 

Your  ob't.  aervant, 

ELBERT  ANDERSON. 
,«        ,,  _,       _,  Late  Army  Contractor, 

reterllagner,  Esq.  Third  Auditor. 

Supphmcntarij  account  and  claimn  in  Equity, 
lo  amount  of  ea«k«  and  packages  furnished  under 
tract,  25lh  of  Feb.  1813 

25  007  80 
Less  amount  received  \.u..k  for  issue,  14,175190 


con< 


10,921.90 


20,00O.0C^ 


ri^a?,  ^^^^^^^  ^n  ^y  ^'lls  for  ^150,000  and 
oU,UOO,  protested,  sec  vouchers  and  protest 
on  hie.     ;^200,000atl0pr.  ct.  ; 

To  interest  at  6  pr.  ct.  fV  m  the  tst  of  March, 
the  time  the  Contractor  had  a  right  to  draw  to 
1  St  of  June,  on  250,000,  3750 

interest  at  6  pr.  ct.  from  1st  of  June  when  all 
the  services  were  performed  and  the  provisions 
delivered,  U.  S.  viz  :  1st  Nov.  6250,  10,000.00 

Interest  on  same  from  ist  Nov.   1814  to  the  - 

Forward  40,921.90 


*n,^«  l^*"— Th'  late  Contractor  does  not  think  it  necPssa-  y  to  exhibit  the 
entire  correspondeuce  with  the  Third  Audif.r,  on  (he  claims  set  forth,  nor 
he  rephes  ihtreto,  nor  the  .ujfsestion  of  3d  Auditor  to  2d  Coniptrollor,  or 
the  Contractor  8  a.iswer ;  morP  esppcially  an  the  3d  =iuditor  has  recently  an4 
since  thecommenceraeut  and  publieaiionofth.remonstiance  (March  1824) 
corrected  his  error  of  ^10,235,35  .s  contained  in  hi.  sugge.iion  to  2d 
Comptroller,  27  bept.     The  Contractor  hope,  that  the  3d  Au-Jifor  will  yet 

AnTK^°M'r*l'l'^'".r"'°'""  '«"^'  misiakeiin  hi,  report  an<Uug?e8iion>. 
And  .hould  the  3d  Auditor  hare  it  in  hi,  power  mxv  or  hereafter  to  point 
out  any  m-#r  the  Coni^ractor  has  inadvertently  cowmitted  io  his  official 
■c^n.-nta  o?  -e.ence,  he  will  not  hesitate  to  ackuowiedee  promptly  ererr 
error  respectfa'ly  made  kaown  t«  him. 


I 


If- 


■'•fj^v^ 


■I: 


: 


174 


|4thof\rarch,  18I5thof;mn.i     i    ,  ^""^''^ard  40,921.90 
declared  aud  ^ar^amtu'r  '"  '^^^"^^^^ 


To  disc 


5,625.00 


notes  mhT'^"  ^^^^^^  '^'^^  in  trea"^ 

■Discount  on  188  (IV>  oi  ,-    •      i  •         ''^'^'^ 
notes  :I  Jan    laiR       '      '^??'-'»'e'i  m  treasury 

8  47-100  pre  ^'■-  """"^'^'''^  '^  «bove  a{ 

*^  15977,20 

Wew-  Vork  d,r„^  ^  uT^"'  ""''  Alexandria  to 

the  Bridlh  r„  /afs*"  ""'''""'^  '^'■"'«  «=°««t  by 

Less  the  usual  freight  by  water,  S  " 

^  To  balance  due    nn  ti,^  :  *    i'  5,949.00 

^«mpton,  durina'f ^  interference  of  Gen. 

the  ^^^::ts;'^t^?yf  - 

«"«^e„ded  i,,  former  account'.  ""^  ^'"  '"^'^  "^ 

wastase'on  tf:-i:su:"oTr:auL''''T ''!"' 
flcent  of  thfl  Sf    i  .  -    rations  in  the  de- 

pr.  cJh  ation  ar"rr7,'';  V"^  ^"^^  • 
tract  of  the  25"h  of^eb  r  if  ^  ''''  ^^"- 
mentwith  my  account«  in  .^  /?'  P'*  ^^^^^- 
olfice.  ^  accounts  m  the  Comptroller's 


4,500.00 
1,75000 


E.  E. 


5,749.63 

Dollars,  86,709.73 

To  Hon   Tnhn  n  J^^TJ^^  ^^  appeal. 

•  ^'^''  ^'  ^y^^]'--^  ^ecfy^  of  the  DepH  of  War 

^-y  itbe  permitSt/te%''''  ^^^^-^-^^823^^ 
^n  to  lay  b'efore  ^IX^^L'^:  "^^^^^^  -ti- 

^     --•-   «i«i|jiv;  jaiiguage, 


175 


m- 


40,921.90 


5,625.00 


12,214.29 


5,949.00 


1,500.00 


1,75000 


^49.63 
r09.73 

JVar, 

1823. 
?  citi- 
uago, 


and  witli  all  possible  deference  to  your  better  and  more 
practi.<e(l  judgment,  the  considerations  which  ought  most 
to  operate  in  the  discussion  and  final  settlement  of  my 
claims. 

In  asking  the  fulfilment  of  public  pledges  made  so- 
lemn by  the  peculiar  circumstances  of  the  country,  at  the 
time  they  were  made,  I  only  ask  the  Government  to  study 
its  own  honor,  and  secure  its  own  interest.  On  the  invi- 
olate purity  of  the  public  faith,  reposes  the  safety  of  the 
commonwealtli,  for  unless  she  observes  in  the  fulfilment 
of  her  compacts,  a  system  of  enlarged  and  liberal  policy, 
she  can  never  expect  to  command,  in  the  hour  of  danger 
and  in  the  day  of  trial,  the  full  and  undivided  eflTorts  of 
her  people.  And  the  day  may  come  before  we  are  aware, 
when  Nothern  America  may  require  all  the  strength  and 
treasure  of  her  citizens  to  defend  the  very  existence  of 
her  political  liberties  against  the  deliberate  assaults  of 
confederated  tyranny. 

These  are  surely  considerations  which  very  forcibly 
urge  the  necessity  and  the  expediency  of  applying  the 
most  equitable  interpretation  in  the  construction  of  all 
contracts  between  Government  and  individuals.  And 
accordingly  I  feel  assured  that  in  the  adjudication  of  my 
claims,  I  shall  not  suffer  for^e  want  of  express  or  speci- 
fic "  assurances." 

Had  I  presented  myself  at  the  seat  of  Government,  at 
the  most  critical  period  of  the  Campaigns,  ofl812,  13,  14, 
I  could  have  addressed  myself,  as  others  did,  to  the  fears 
of  Government.  I  could  have  alarmed  them  with  warn- 
ings of  anticipated  disasters,  and  have  obtained  codicils 
to  existing  contracts  or  *' assurances"  verbal  cr  written  to 
make  me.  good  against  all  emergencies. 

But  I  never  will  consent  to  ask  the  fulfilment  of  any 
pledges  or  the  benefit  of  any  decisions,  but  such  as  are 
applicable  to  every  citizen  in  similar  circumstances.  Nor 
do  I  believe  that  if  all  my  claims  should  i;iow  be  granted, 
your  decision  will  wai  t  any  other  justification,  than  the 
terms  of  the  existinsr  contracts,  their  stioulations  and  im. 


ill 


ii 


.  176 

Partial  construction  •  vpt  T  or«  r      .     i    , 

not  accept  any  compen^a  ion  Z  jf  '"  ^"'^'"''  *•""»  ^  ^^"' 

..n,e.ene„ded  b, a  genera,  dect5ntrui:;;"S1  tt 

^y  the  rules  and  usao-eo  nf  th^  \tit     i^ 
=»  "glit  to  dra,v  for  advance/ttn.        ""?'»«•"«"«.  I  Imd 
expiration  ofniy  cont  act  ri^   hroe  months  preceding  the 
yet  my  drafts  weronn'  ?"  ""^  'st  of  March,  fsU 

vouchers  had  been  re^lllv  f"  ""^'T  J^^  "'"'"'""«  «-" 
?««»  Aa»,<,  bce„.  grantcdZlL         '^"'""f'  »"  protested 

•'amages  will  be  <le,ned,„e  R  ,,  ""''•,'r''''"r'"«^'"«'«"d 
case  was  one  of  succ, "«  and  .  f  '  ''"'■'  '  l'""" '"'«"  '«'''  "'y 
'fcpartment,  has  declarS  tl  «  Jl  Mff  ''^'^  f'^'^  ^^om 
account,,  there  v.asup^„Z:filltm^f'^''"T  '^'^ 
no  damages  or  extrdmicef.^it,  '  t'"  ™'^'  *"'  '^''"'^ 
*.?«.««  ofthcadZZs/mtdT'"'''  ''"^''l«'^i«con- 

weSrsrtttfcr  "^'"'  °^'"^  «-<i» 

«ence  of  advances  justly  drmenf/r*"''",'  ''"  "'«  ab- 
■sury  was  empty,  a,.d  the  enemv  wLp  h"""  •^'''"  "'«  •^•'«- 
"igs  and  laying  waste  and^S^     ^"T''^  °"^  '^"'ell- 

» '^■i  not  b;pfeaded?gl3tt":,::tS'r""'/r'y 
banks  on  my  own  credit  and  tfrcr^H?-    V  '"''^'«■'"^  «■""> 

llie  purposes  of  governmenVn^M.'^  "'^  "•'•'"'^^  for 

«t«  be  placed  in  ba.  ,0   my'^i"^;,. :,'"/'-"  P^f^^^-l  pro- 

jnaybe  said    I  can  assureVi^  •  -  * ' /hT,'!'^''  "''atever 

l>eheve  me,  that  tlie  actiini  ZJl   ,  '""""^  y^"  "'i  1 

'ourfold,  yet  the  hazard  tfnttTand"  ""f™"'' 
the  engagements  contin.rer  •  STl  ■  ''°™P''«ated, 
exigencies  of  time  place  ^°  .hl^.^P't  ''''"''  •''° 
-redonbtfid.     U^.J^^  eh^^l^^S^t ^^PP"'^ 


* 


177 


that  I  will 
Jeiving  de- 
and  Silver 
unless  the 
'  to  all  the 

ent,  I  had 
eding  the 
ch,  1814, 
'Oiitoher, 
imts  and 
g  nearly 
Hskonor- 
protested 
^  the  set- 
er  cases, 
irestand 
told  my 
of your 
it  of  mi/ 
ut  I  had 
'  in  con- 
friends 
he   ab- 
e  trea- 
dwell- 
surely 
^  from 
ds  for 
d  pro- 
atevor 
1   will 

srated 

»ated, 

St  the 

•plied 
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I'rH"?'"'"''"™'''"^  *"  *"'  "^  «"  °''li»«'-y  mercantile 
iransactKin. 

Sympatl.y  «,r  the  misfortunes  of  a  debtor  is  natural  and 
laudable  .u  private  life,  yet  it  cannot  be  denied  that  k 
should  in  some  measure  be  circumscribed  in  public  tran- 
sactions because  strict  justice  can  only  be  measured  and 

Ztft^^'""T''^'  ""'^  ™'^''^-'  L»w,  an<nf-tle  gen- 
erous feelings  of  our  nature  are   to  be   thrown  into   the 

f,^ifi.°!i!"'    ";'"""•  '1 '::'".'"  ""  Sreat  measure  tend  to  he 
jusufication  of  every  defaulter  on  tlie  books  of  the  treasury 
These  remarks  are  drawn  fixm.  me,  bec.mse  it  has   he- 

grant  to  tl.ose  who  are  reputed  unfortunate  cre- 
dits which  may  be  denied  to  the  just  claims  of  tTe  solvent 
creditor.  Hence  ,t  h:  d  become  an  axiom  in  public  ran 
sactions  to  obtain  more  money  from  sovernmen  as  ad- 
vances than  culd  be  oifsett  by  official  vouchers  and 
credits  at  the  timp  of  settlement.  vouciitrs  and 

„i!!"  ^'"'^'■"i'"?'  emanating  from  the  will  and   intelli- 
gence of  an  enlightened  people,  such  principles  must  an  1 
will  have  a  tendency  todriv/a^ay  eveVh|l  winded  and 
honorable  man  from  their  service,  a,,d  leave  t"etreasur^ 
Tfh^l  ""P---"  e"t  a<lventurers.     The  natio^C  S 
m  the  heads  of  department  with  the  advice  i,„d    consent 
oftlie  President  the  I'ighest  chancery  powers  to  admfnis 
terbetween  thecreditor  and  the  governme„t!and  we  cannot 
but  believ.  thai  e^act  and  impartial  justic;   wiU  be    "d- 
mmistered  to  a  1 ;   and  yet  already  halo  our  courts  taken 
the  solvem  debtor   under  their  nrnt,.,.t;„„    ^"""s  idKerj 
ot^ettstothesuitsof ti,.  U.'^';  Klrre:  Tee 
that  the  people  in  their  capacity  of  jurors  conceivhIL  thn? 
justicema.  possibly  be  de.  3d,  step  ,0  the    reS  ?f  the 
TT'a     '/''''^«.'-'r"'  ",'"«  government  whoough^   to  bo 
considered  invisible  and  incapable   of  doing  wron.    are 
now  from  the  want  of  confidence  in  their  LT=  e  !ut    o 
then- j,Ha  and  are  to  be  impleaded   with  the   d^K 
before  their  own  courts  and  jurors.     How  necesTary  if  it 


I  I 


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ruW,  T  f""*"'  '='''"'•' '°  '""■««'  tl'e  councils  of  our 

i  anticipate  the  reply  to  these  observations   timt  ovprv 
person  aggreived  wril  finri  fl.o  i.„ii      /""""S'  '"at  every 
tliat  they  are  ever  readvt,,  hL^.  '  "'^"""S''''^^  "('<">  and 
ferers  an'd  do  jutticeto'  he  iTu  ed  ^'Tu"\f  "?'*  ^"'■- 
often  delayed  until  the  heart  Sen,'?  ,  ^  !,  ""'  ^"^^""^ 
relief  is  po'stponed  .sessiorift  "toLion    un  f  ^Tf 
sinks  under  the  mind's  hope  deferred  UndU. 1™!       ^ 
a  generation  may  pass  aw^y  beforrrllie'ft  "d  nirstrj-' 
but  these  circumstances  shall  not  df^fpr   tK«    .    T     •        ; 
from  the  trial,  and  as  he  has  eonll  m  ousry  ZeZ'Zt 

wui  ne,  as  lite  may  be  spared,  without  fear  of  poDular  nln 
mor  or  private  calumny,  continue  to  look  wi  h'^co,"fide„c: 
to  those  universal  rules  of  equity  and  justice  wWchh^^^ 

:nd"hl;^;r.''"''  "--^-p^-e  this  far^ot:Ui; 

I  cannot  be  disappointed  in  the  result  of  mv  anneal  to  tl,« 
2d  Comptroller  and  the  protection  of  thetio^^PseetV  of 
War  under  my  claims  of  equity  and  constn.Pt;r:n  Jfu  ^i 
andtbe  contract  and  for  inlerJs,  and  d^eZ;  o's^e^ 
bills  and  delayed  payments.     Yet  there  is  one  cla  m  from 
he  responsibility  of  acting  on.  which  I  voluntaX  release 
them,  nor  wi    I  complain  that  it  should  be  refeed  to  that 
august  body  tor  relief,  who,  no  doubt  for  wi  e  purposef 
imposed  the  tax  "to sustain  the  public  credit  "  „„   ?       r 
the  essential  articles  which  I  was  Cnd  to  furnish  in  a  con 
tract  made  by  their  ministerbefore  the  tax  Z  al  f   jZ 
clmm  ,s  one  that  addresses  Mfto  the  ft  J'„^'mi/ij 
truest  pohcy  of  an  enUghtenc.:  ration,  ever  jeal2'„fiU 
own  righ^  and  ever  ready  to  redress  the  JonTd^LZ 

tH:  il  thT  ^'■'i"  T  '^"-     ^''''^'  the  cot^tm  on 
enjojiis  m  the  most  solemn  manner  the 


1.  VV  Jicn 
a  of  our 
visibility 
rainrnels 

at  every 
»pen  and 
the  suf- 
t  justice 
romised 
le    body 
le  cases, 
istered  : 
rsigned 
his  duty 
ices,  so 
liar  cla- 
fidence 
h   have 
•sperity 

1  to  the 
ct'y.  of 
he  law 
)tested 
n  from 
elease 
to  that 
posps, 
')ne  of 
a  con- 
71iis 
s  and 
of  its 
me  to 
;uti()a 

^A 


179 

gard  to  the  fulfihnent  of  public  faith  ;  this  claim  for  indem- 
nification to  all  who  have  been  injured,  is  one  that  must 
ever  be  acknowledged  by  the  unanimous  consent  of  every 
man  in  this  community. 

Should  my  efforts  to  obtain  a  general  act  for  the  relief 
u{  all  the  sufferers  under  the  act  of  congress,  24th  of  July 
1813,  be  unsuccessful,  I  shall  regret  it,  because  many  un- 
fortunate claimants  have  died  and  left  widows  and  or- 
phans, to  whom  the  relief  would  be  true  mercy,  and  legiti- 
mate justice  :  as  to  myself  I  will  retire  with  cheerfulness 
and  continue  to  teach  my  children,  as  my  father  taught  hig, 
that  in  all  circumstances  of  life,  a  vigorous  mind  is  suffi- 
cient for  itself;  to  be  humble  in  prosperity,  in  adversity  to 
b'  igned — by  an  undeviating  practice  of  honor  and 
i  .leg'  >ty,  and  by  a  determined  and  useful  employment  of 
Til:  and  body  we  shall  obtain  the  long  looked  for  secret 
of  tne  alchymist  and  sage  ;  independence,  health  and  hap- 
piness. 

With  great  respect,  '' 

I  am,  &.C. 

ELBERT  ANDERSON. 


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^<©SfffaiT5f  3 


Remonstrance  and  Protest,  Page,       3 

Note  and  reference  to  Facts,  |g 

Correspondence  and  Orders,  31 

Contracts,  Documenty  Slc.  g^ 

Correspondence  and  Documents  on  claim  for  Interest  101 
Equitable  claims  and  Opinions,  133 

Cask  claim  and  Opinions,  133 

Claim  for  captured  Casks  &.c.  14^ 

Claim  for  damages,  in  receiving  provision  not  required 

by  the  Contract,  I55 

Claim  for  Transportation,  iqq 

Claim  for  tax  on  Whiskey,  ]g3 

Account  current  under  Contract  7th  of  November, 

1811,  and  25th  of  February,  1813,  1 66 

Letter  on  claims  in  equity,  and  amounts  suspended  in 

former  settlement,  ^  170 

Supplementary  account  and  claims  in  equity,  1 75 

Letter  of  appeal,  conclusion,  174. 


1^ 


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iiiPipmifiDa:^! 


» 


Beply  of  the  late  Contractor  to  the  remarks  of  the  Thr^ 
Mitor,  on  the  Claims  set  forth  in  the  Supplementarif 
Account  now  before  the  Second  Comptroller,  under  Con- 
tract 25th  February,  1813,  expiring  ist  June,  1814. 

CLAIM  I. 

Cask  and  Packages  S5,097  80.  Less  amount  rec$ived  back 
•    /or  issMe,  814,175  90.    Balance,  ^i0,92i  QO, 

The  present  claim  for  packages  was  made  with  the  one 
under  contract  7th  November,  1811,  in  1815.  (See  printed 
Document,  20,  21,  and  138  to  149.)  Amount,  page  lb7, 
S  13,972  30.  This  was  suspended  in  the  account  of  dit- 
ferences.  Tlie  rejection  of  the  claim  under  contract  S5th 
February,  1813,  is  in  the  following  words: 
'  « I  have  considered  Mr.  Anderson's  claim,  and  cannot 
assent  to  its  being  allowed;  he  will,  if  he  thinks  himself 
aggrieved,  take  the  redress  of  an  appeal."  8th  July,  1815. 
(Signed)  A.  J.  Dallas.  , 

The  appeal  was  to  be  made,  in  the  first  instance,  by  Mr. 
Dallas'  request,  and  consent  of  Mr.  Anderson's  agent,  to 
the  decision  of  the  Attorney  General;  measures  were  taken, 
and  the  case  was  to  be  laid  before  him.    But  Mr.  Dallas 
departed  from  the  agreement,  and  placed  this  veto  on  the 
files,  leaving  it  still  open,  as  the  President  should  direct, 
for  the  Attorney  General's,  or  the  Comptroller's  final  decision. 
It  now  divides  itself  into  two  questions.     1st.  Shall  the  al- 
lowance be  made  to  Mr.  Anderson  for  the  sum  of  8  13,972 
30  cents,  under  the  head  of  allowances  for  extra  services, 
and  under  the  peculiar  exigencies  of  the  times  when  he  made 
these  deposites?     See  requisition,  Feb.  25,  1812,  and  page 
31,  and  the  case,  page  54,  145. 

2d.  Shall  the  cask  claim  be  allowed  on  its  own  merits, 
and  as  justly  due  to  Mr.  AnUersou,  as  a  re^ooaablc  luuciii- 


\ 


i     ^ 


'  purposes  and  use 


nity  for  property  withheld  from  him  f(.r 
of  iTOverument?  « 

This  rule  would  be  in  acrordance  wjth  the  practire  and 
usage  of  merchants,  and  founded  on  priucin  es  of  ilhr. 

f.ln!J'i  u  ^*"'  **"?  P'*»Pt'»'ty  of  B.  that  can  be  Leer 

tamed  by  number,  weight,  or  measure,  A.  h  bound  to  return 

^LT"'  """  ^'"'  ^^'f  ^'^'^^  **•  indem^dfication.     As  lo  the 
practice  among  merchants,  if  A.  goes  to  E's  store    or  m 

purchases  100  pounds  of  flour,  a.d  takes  li's  sTk  orT«/ 

us  value,    ho,  in  case  of  importation,  or  purchase  of  ao.  il» 
in  our  own  country,  where  the  article  is  purchased  hv  S^.W 
or  measure,  the  vessel,  or  package  to  couTl^  is  ai% 

It  has  been  said  the  United  Hlatcs  have  not  been  in  the 
practice  of  paying  f„,.  packages,  c  nlainiug  raionT  '    not 

,,«  »   r/   .1   ?™*'  •'ecause  the  proposal  and  contracts 

c"  e^tht^;;*  1  "Z''  '"'^'"''"'S  "'  --1  contents  ttht 
tase,  tney  paj  for  the  contents,  in  an  enhanced  nriri-    t« 

compensate  for  the  vessel.    The  practicrof  Govemmenf 

pay  lor  the  package  in  a  separate  charare.  whenever  tC 
SLr^Ph?  for  provision  r^uired  and  ricdj  "d  for  te 
package.  This  principle  is  applied  and  fixed  in  numero  « 
cases  in  my  own  accounts,  and  believed  to  be  UieTaseT 

ty7.u:llTlrTT-  '^""^  ''  •-  "een  acceZ  to 
oy  repedted  acts  of  the  Government,  under  the  snmp  fnrm^ 

or  a  df %  ""i**  '^  '?"  U"'"-"  States  rnendedlem™' 

gencie*  ol  war,  to  retain  a  large  amount  of  nackases  tl./v 

dXlr  h  thlV*'","'''"'' ."""  "■"  -'--  Sid"b^ 

Dresen^rir^lJ?     ^T^"-""  P^^^S^-    The  Contractor  and 

ex  sLnce      tI^tt  '^^.'"f  E'"™"'  "§•"«'  ""<>  'he  usage  in 
thennWof ,[^  JJn"""'. States  received  an  equivaJeSt  in 
ration  rtr/i    "'"?'  '"*'"  'Misunderstanding  andconside- 
ff«H  !;  u        ?  ™''''^'  **«  ""^  Contractors'  afSr  being  emn 
fed  of  Its  contents.  And,  after  they  have  reaped  the  ?dv"n 


^ 


tage,  U  would  be  mftnifestly  unjust  not  to  p  ^ 
party  a  leasouAuie  vaiue  for  the  packages  retained. 


the  injured 


^r. 


CLAIM  IL 

Damages  on  two  hills  exchange^  protested; 
One  for  8  150,000  )  „  ^^,,  „^ 

Do.         50,000  5  *  200,000  at  1 0  per  ct.    g  20,000, 

The  late  Mr.  Piatt  was  alloifed  by  the  Accountant's  De- 
partment,  m  1816,  10  percent,  on  his  bills  for  S10,(i00dol, 

iTnniTn        """"^^  *"'  advances  due  by  the  G(,vernmeut, 
21,000  dollars,  as  a  reasonable  allowance  for  the  damaees 
on  his  bills  being  protested,     Hee  printed  Documen*    120 
1^1,  laS,  &  1S5    *^  The  fact  of  a  bill  being  pr«rerd:is  aJ^ 
ways  considered  as  of  an  equivalent  damage  to  the  holder, 
to  the  amount  allowed."     It  is,  in  fact,  an  Allowance  ou  its 
own  merits,  and  is  considered  as  an  equivalent  for  the  in- 
jury done  to  the  credit  md  character  of  the  party  drawing, 
and  who  had  a  r  ght  to  draw.     The  ri^ht  of  drawing  biUs 
is  established  on  th^ee  principles.    1st   %  virtue  of  a  nre 
vious  understanding  by  ^  .y  of  an  advance.     2d.  After  in' 
voices  or  bil  s  of  lading  are  received.     3d.  After  funds  or 
goods  are  m  hands.    The  I  nited  States,  by  usage,  agree  to 
pay  A.  in  advance,  he  having  given  security  for  the  perform- 
ance of  his  engagement.,  it  is  his  right,  because  he  has 
given  a  consideration  for  the  capital  to%e  furnished  him  k 
advance,  by  security  and  by  the  lowness  of  his  bid  at  the 
time  of  making  the  contract.  If  the  contractor  A.  delays  the 
pniodo    drawing  his  bHl  until  the  Government  are  fuinih 
ed  with  the  invoice  or  bills  of  lading,  the  United  States  gain 
the  interest,  and  have  additional  securitv;  they  surely  aie 
doubly  bound  to  pay  the  drafts.    If  the  contractor  A  his 
no  on  y  given  his  invoices,  but  actually. deposited  the  goodg' 
with  all  the  vouchers,  the  United  States  are  triply  secured 
and  the  obl.gation  to  pay  his  drafts  is  as  three  to  one.    The 
right  to  draw  ,s  paramount  and  exists  with  all  its  force 
before  the  right  to  receive,  an  invoice,  examine  the  goTds 
or  test  the  arrnra'^v  nf  ♦Ko  .i..^ ^„i_    _!.,      ,  ..        gooas, 


IMAGE  EVALUATION 
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riglit  to  draw  was  unquestionable,  my  security  was  on  file, 
duly  approved,  of  six  respectable  aud  wealthy  citizens, 
joikied  in  the  bonds  for  100,000  dollars.  Hervices  performed 
and  acounts  rendered  before  drawing  for  S63,000  dollars, 
making  393,000  dollars;  and  yet  my  drafts  for  200,000  dol- 
lars wei-e  protested,  although  presented  eight  months  after 
my  right  to  draw,  and  five  months  after  the  equivalents  had 
been  rendered  and  received  by  the  authority  of  Government. 
The  damages  I  received  for  the  want  of  these  funds,  will 
be  seen  by  reference  to  my  letters,  page  101,  lOS,  103,  104*, 
i05,  106,  and  I07.     In  thf,  great  necessities  and  calls  of 
Government,  preparatory  to  a  statij  of  war,  see  letter  of  the 
Hon.  W.  Eustis,  secretary  of  War,  page  31,  when  my 
bonds  were  only  S0,0G0  dollars,  yet  I  am  permitted  and 
directed  to  <"draw  as  I  make  my  purchases."    The  last 
sentence  and  words  in  my  expose  to  supply  the  Government 
previous  to  the  contracts  being  signed,  see  paeje  80,  contains 
this  express  stipulation:  "Correct  iuformaiion  as  to  the 
required  supplies  for  the  next  campaign,  and  funds  to  obtain 
the  means  of  its  execution  as  early  as  possible."    To  show 
you  the  advantage  the  Government  reaped  by  the  delay  of 
payment,  and  failure  of  these  reasonable  expectations,  held 
out  to  VLii  when  the  contract  was  made,  I  will  barely  refer 
you  to  the  note,  page  107.     The  Third  Auditor,  however, 
has  admitted  the  generality  of  the  decision  of  the  Secretary 
of  U  ar,  of  S7th  January,  18i6;  it  is  for  you,  sir,  to  apply 
the  soundness  of  its  principles.     But,  sir,  my  claim  is  at- 
tempted to  be  defeated,  by  saying  1  am  not  a  Contractor  for 
1814,  and,  tlierefore,  do  not  come  under  the  provision.    My 
contract  is  dated  in  1813,  and  expired  in  June,  1814,  yet 
I  am  not  a  Contractor  for  1814! !  Surely  the  Third  Auditor 
is  not  serious,  after  admitting  the  generality  of  the  decision, 
to  place  me  beyond  the  pale  of  its  provisions !  The  extr.  me 
weakness  of  the  plea,  had  it  been  made  in  our  inferior  courts, 
"by  the  most  petty  barrister  at  such  court,  1  should  presume, 
would  cause  him  to  blush  for  such  a  subterfuge  and  weakness 
before  he  retired  from  the  bar. 

The  letter  of  advice  had  preceded  the  drafts,  the  Account- 
ant's Department  had  acknowledged  the  receipt  of  all  my 
accounts,  (see  original  letters  herewith,)  and  the  Superintend- 


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cnt  Generd  of  Public  Supplies  advised  me  on  the  i4th  Oc 
tober,  1814,  (see  page  100,)  thirteen  days  before  my  drafts, 
that  *<  my  accounts  of  deposites  had  been  received  and  exam- 
ined, and  the  persons  with  wliom  the  deposites  were  made 
were  held  accountable  fc  the  same/'  The  deposites,  as 
remaining  on  hand,  1st  of  June,  it  is  believed,  exceeded 
aOO,000  dollars,  and  with  this  acknowledgment  that  all  my 
vouchers  i.ad  been  received,  the  deposite  accounts  exceeding 
S00,000  dollars,  as  actually  on  hand,  ist  of  June,  adjusted 
to  my  credit,  and  other  agents  charged  with  the  amount,  to 
say  I  was  not  authorized  to  draw,  is  as  strange  as  ridiculous. 
W  bat  would  you  think,  sir,  if  A,  with  a  right  to  draw  on  B, 
m  advance,  should  decline  drawing  until  after  the  invoices 
and  bills  of  lading  were  received,  the  goods  in  store,  and 
actually  transferred  to  the  debit  of  a  third  person,  and  yet 
his  bills  be  dishonored  and  protested  ? 

The  decision  of  the  Honorable  Secretary  Crawford  is  not 
only  general,  but  tmbraced  the  two  years  when  the  Govern- 
ment was  unable  to  meet  its  pecuniary  engagements.     It 
would  have  been  preposterous  to  have  included  other  yoars 
in  this  provision,  because,  at  all  other  periods,  the  United 
States  had  it  in  their  power  to  fulfil  every  engagement.     If 
any  distinction  is  to  be  made  it  will  easily  be  seen  it  is  in  fa- 
vor of  contracts  made  and  dated  in  1813,  although  expiring 
in  1814.     In  1813  the  Government  paid  in  specie,  and  the 
price  of  provisions  were  at  the  par  of  specie;  in  1814  the 
Government  paid  in  paper,  and  the  price  of  provisions  rose 
to  the  par  of  paper.     The  contracts  dated  in  18 1 3  required 
the  peculiar  protection  of  Government,  more  than     ose  dat- 
ed in  1814.     Every  person  conversant  with  the  times  and  « 
state  of  the  currency,  will  attest  to  the  correctness  of  this  po- 
«ition,  and  its  unquestionable  justice  and  equity.  But  again, 
if  my  duties  expired  on  1st  of  June,  1814,  or  had  the  con- 
tract expired  31st  December,  1813,  the  Government  still 
had  obligations  to  perform  to  a  completion  of  this  contract, 
until  all  demands,  growing  out  of  their  default,  were  satislt 
ed  and  paid. 


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ir^' 


I 


CLAIM  iir. 

Claim  for  interest,  for  not  receiving  the  usual  advances,  founded  on 
usage;  the  amount  estimated  by  the  numHer  to  be  suppUed,aiid  the 
aggregate  of  the  preceding  quarter,  the  minimum  estimate  is  taken 
at  $  250,000,/rom  \si  of  Mtrch,  1813,  to  1st  of  June,  1814,  three 
months,  at  six  per  cent.  -  -  -  jg  3,750 

Fromlst  of  June,  when  all  services  had  been  performed,  and 
the  provision  delivered  tu  the  United  States,  to  the  1st  i/Vb- 
vember,  on  J5  250,000     -  -  -  -  6,250 

10,000 
Interest  on  same,  from  Ist  JVw.  1814,  ai  which  time  my  bills 
were  protestedfor  j^l  50,000  &  50,000,  and  my  accounts  fil- 
ed for  55263,000,  to  the  time  the  official  balance  was  declared   5,625 

In  every  contract  bet\^^een  indkiduals  and  Government, 
the  individual  is  induced  to  offer  a  lower  bid,  whenever  Go- 
vernment, by  any  stipulation  or  usage,  presents  to  the  Con- 
tractor a  reasonable  prospect  of  advantage,  such,  for  instance, 
as  the  capital  or  funds  m  advance  of  the  required  expendi. 
ture  for  three  prospective  mouths.  And  if  subsequent  events 
turn  out  to  defeat  the  expectation  of  the  Contractor,  by  defer- 
ring the  payment  of  advances,  or,  when  paid,  by  paying  in 
depreciated  paper,  contrary  to  the  expectation  of  the  parties 
when  the  contract  was  made,  it  would  be  oppressive  and 
unjust  to  deprive  him  of  an  equivalent  indemnification,  and 
for  advances  which  had  already  accrued  and  been  reaped  by 
the  Government,  in  the  low  pcice  of  the  contract 

It  is  said  the  only  true  rule  of  interpretation  of  contracts 
with  Government  is  to  place  them  in  analogy  with  individual 
cases;  it  cannot  be  doubted  for  a  moment,  that  any  court  tak- 
ing cognizance  of  similar  cases  between  man  and  man  would 
hesitate  to  grant  relief,  to  the  just  expectation  of  the  injnred 
party.  In  the  contracts  referred  to  in  1813  and  1814,  ad- 
vances were  to  be  made,  and  the  usage  of  the  Department 
always  held  out  those  advantages  to  the  Contractor  through- 
out the  whole  of  the  term  coritracted  for.  In  the  long  expe- 
rience I  have  had  with  Government  contracts,  I  know  of  no 
exception  to  this  general  rule,  "^f  he  exception  of  the  last 
quarter*  as  relied  on  by  the  Third  Auditor,  would  be  repug- 

*  About  the  time  the  balance  was  ascertained  to  be  due  the  present 
claimant,  March,  1815,  the  late  W.  D.  Cheever,  successor  to  E.  An- 
derson, receivru  an  auvance  on  nis  last  quarter  oi  JojQD,000<  ^     iet 


|V 


6,250 


5,625 


HI 


t> 


lec 


nant  to  the  spirit  and  memiing  of  the  contract?,  for  it  express- 

iJnD  ''^\T  ^^^*^*^^«^f«*  *>/  ti^^  accounts  any  balance  is 
Jounddue  the  Um.m  States,  '-^  all  such  advances  of  mo- 
NEY  ehall  he  a  setuj  agaimt  the  account  ^f  supplies,''  tc 
And  the  suipius,  il  an^v,  paid  to  the  United  States  immerli- 
,  ateiy  alter  the  expiratioii  of  the  contract,  with  interest  at  the 
rate  o  s.x  per  cent,  per  ann.  until  the  same  shall  actually  bri 
repaid.  If  advances  were  not  made  on  the  last  quarter,  1  will 
Jimply  require,  how  the  Contractor  could  be  indebted  to  the 
Linited  htates,  the  surplus,  if  any,  was  immediately  to  be 
paid  on  the  expiration  of  the  contract— there  could  be  no 
•Mirplus  except  on  account  of  advances. 

«.Jn***^'*".ul'"*^''^'''''*",''PP^y  ^«  *h«  United  States  as 
well  as  to  the  Contractor.  1  he  debtor,  on  the  expiration  of 
the  contract  was  to  pay  interest,  and  the  interest  from  the  Ist 
ot  June,  until  paid,  cannot  be  denied  me  by  any  princinle  of 
i^ciprocity  and  justice  ?'be  digni^  of  the  vLd^i^i^ 
did  not  require  a  stipulation  to  pay  advances  or  interest,  it 
was  considered  they  were  always  ready  to  pay;  but  subse- 
quent  events,  and  derangement  of  the  fiscal  operations  of  the 
eovernment  deprived  them  of  fulfilling  their  part  of  the  con- 
tract.    (   ee  my  letter,  page  lOi,  106  ) 

stir  nf y"P' v"',  'TT^*.  ^"""S  the  late  war,  within  the 
state  of  New  York,  the  last  quarter  was  of  the  greatest  im- 
portance  to  the  country,  and  the  successful  operations  of  the 
next  campaign,  because  large  deposites,  exclusive  of  the  cur- 
rent and  general  issue,  were  required  to  be  left  on  band  to 
be  issued  by  a  new  C»)ntractor  or  Commissariat.  (See  letter 
ot  my  successor,  page  99,  and  20th  October,  1814,  pa -e  105 

ma±fo/  ^!^^'  '^'^^  ""^T  ^^'^  S^-°  f-  'j^^  Com 
Z?nf  f  fZ  ^"^  """"'^t.  ^"  *^^"  ^^^P"*^*^*  «»  hand  on  the 
fnlf  T  ^"*  r'"^'  '^^'''^  '^«»^^  constitute  the  Contrac 
tor's  vouchers  (See  page  97,  08  )  This  was  done,  and  the 
vouchers  furnished  and  filed  in  thejlccountant's  Department 
as  fast  as  the  m^il  brought  them  from  the  frontiers  to  the  Cot,, 
factor's  office  in  New  York;  «„d  it  was  the  balance  of  the  e 
deposites  that  was  furnished  on  the  19th  October,  1814 
which  constituted  only  89,000  dollars  of  /  >^63,004  58  J 
(See  letter  Oct.  15  1814,  page  103.)   Tl<^  ^e  had  been 


8 

previously  furnished,  as  will  appear  fully  by  reference  to  the 
files  of  the  War  Office  and  Accountant's  Department.  (Se» 
page  100.)  For  my  practice  was  uniformly  to  send  triplicate 
condensed  statements  of  my  accounts,  to  the  War  Depart- 
ment, Superintendent  General's  Department,  and  Account- 
ant's Department,  and  constantly  urging  and  requesting  the 
settlement  of  my  accounts.  (See  letters,  pages  43,  54,  98.) 

And  here  let  me  be  permitted  to  state  that  the  delay  in  the 
settlement  of  my  accounts — for  you  will  fin  J,  page  108,  that 
my  accounts  of  contract  7th  November,  1811,  were  not  set- 
tled or  reported  on  until  10th  March,  1815 — was  not  only 
the  loss  of  interest  to  me,  and  the  deprivation  of  investing  the 
earning  of  my  contracts,  but  that  this  delay  lost  me  the  most  pro- 
pitious  period  of  ray  life,  which,  under  other  circumstances, 
might  have  gained  me  honors  in  a  department  which  my  coun- 
try and  the  Executive  considered  my  qualifications  worthy 
of  sustaining.  (See  letter,;  page  57.)  Can  any  person  think  I 
would  have  declined  this  <tistinguished  station,  if  my  accounts 
had  not  been  hanging  up  in  the  Accountant's  Department, 
for  the  term  of  two  past  years,  and  under  two  contracts;  for 
lifid  I  accepted  the  offer  it  would  have  involved  me  in  the 
complexed  situation  of  compound  and  voluminous  accounts, 
that,  in  all  probability,  might  have  destroyed  my  peace,  and 
in  case  of  accident  to  the  War  Office,  ruined  my  family  and 
friends 

1  ask  your  consideration  for  this  digression,  but  really  to 
hear  the  Third  Auditor  speak  of  delay  in  the  se  ling  my  ac- 
counts, as  a  matter  of  every  day's  occurrence,  is  strange,  al- 
though he  candidly  admits  they  were  regularly  furnished  at 
stated  periods,  they  were  in  most  cases  furnished  every  month 
instead  of  every  quarter,  yet  I  am  to  suflFer  for  the  default  of 
the  tenth  article  of  my  contract,  which  says,  no  officer  of  the 
United  States  shall  impede  the  settlement  of  my  accounts. 
But  I  was  often  told  the  reason  of  this  delay;  and  the  Third 
Auditor,  then  chief  clerk  of  the  Accountant's  Department, 
may  remember  the  semi  official  excuse,  other  Contractors^ 
accmnts  are  more  urgent  than  yours;  we  believe  you  to  he 
correct  and  solvent,  and  the  balance  in  your  favor,  but  ice 
have  others  who  are  doubtful  in  circumstances  and  security, 
and  whom  we  have  reason  to  believe  have  more  advanced  to 
them  than  they  can  offset  by  supplies  furnished.    This  Ian- 


I, 


9 


ice  to  the 
it.  (See- 
;riplicate 
Depart- 
Vccount- 
stins;  the 
'4,  98.) 
ly  in  the 
08,  that 
not  set- 
lot  only 
sting  tlib 
nostpi'o- 
[Stances, 
ay  coun- 
worthy 
1  ibink  I 
accounts 
artment, 
acts;  for 
B  in  the 
ccounts, 
ace,  and 
aily  and 

[•eally  to 
^  my  ac- 
mge,  al- 
lished  at 
"y  month 
efault  of 
er  of  the 
ccounts. 
e  Third 
artment, 
ractors' 
m  to  be 
but  tee 
wcuriti/f 
meed  to 
"his  lan- 


guage, m  «ubs  ance,  was  creditable  to  the  parties  who  so  nar 
rowly  watched  tlie  interests  of  the  United  8taLsthon!.h!; 
must  be  confessed,  a  little  at  my  expen  e  anc^^rma'^and 
opposecl  to  the  express  stipulation  of  my  contract  TsSUTn 
.on  on  th,s  case,  and  reply  on  former  cL  of  in   ristTpT^^^^ 


CLAIM  IV. 

822,214  20 

i\jK^  T*"^*"^  f  "^i^'^^  ^^y*  *'*^  assurance  and  SSTS 
the  Secretary,  dated  1 1th  July,  1815,  page  120,  which  U  t 

tor  for  Massachusetts,  nearly  30,000  dollai^  fo   receiving 
Treasury  notes  m  lieu  of  specie,  was  on  the  ground  of  h"f 
coutract  being  i„  a  particular  part  of  the  UnSed  State 
where  provision  could  not  be  purchased  without  specie    The 

menced  previously,  viz.  1st  of  June,  1814. 

tracts  of'i8^T"rf  ^  *"'  ''"""r'y  *?  '"^^^^^  «^^*  the  con. 
tracts  of  1813,  ^14,  were  made  under  a  specie  currency, 

tMs  neH^W    T'-'P"".'^^^^^  l"^'     ^^'^  ^^Ontmctors  fo^ 
this  period  (exclusive  of  the  principles  of  the  constitution 

"u^enZTr""'-^  any  asLranc'e)  were,  therefo^  no? 
on  y  entitled  to  specie  payment  on  the  principle  of  prioritv 
but  on  grounds  of  manifest  equity,  for  they  give  the  equiva 
lent  in  the  price  of  the  contract.  ^  In  the  early  part  of  isl*" 

t'ract  th^  \"^'r^'  ^f''  ^''  »y«r«  ^«"^°»"  «d  hi«  con! 
Zlnl  in  1  fl  symptoms  of  depreciation  and  embarrass- 
fn,?*i!  fiscal  concerns  of  Government  were  exhibited, 

and  they  were  obliged  to  resort  to  an  issue  of  paper  in  the 

Af  tf  ""^  '^"^?"^^  '''''''  Thi«  circumTnce,  and 
tne  tact,  that  excessive  issnps  nf  hnnir  ««..«» ;„  *u^  _--j  ji. 


10 


u 


itatfts,  hpgnn  sensibly  to  raise  the  price  of  provision,  and 
every  article  of  necessity  bore  a  high  price  in  proportion  to 
the  wiJidrawal  of  all  specie  to  the  epsteni  bank.s.  Hence, 
a  Contractor,  in  ISl'i,  bid  in  proportion  to  the  price  of  pro- 
Vision  in  the  middle  states,  for,  after  all,  these  were  the  mar- 
kets that  suppli 'd  the  provision  for  the  east.  This  will,  at 
once,  account  for  the  gradual  rise  of  the  contracts  to  meet 
the  apparent  scarcity  «f  specie,  and  the  real  and  actual  de- 
preciation of  the  superincumbent  paper. 

Need  1  appeal  to  the  most  ordinary  understanding,  whe- 
ther the  Contractor  of  1813  '14  did  net  require  the  pr(»tec- 
tion  of  Government  still  more  than  the  Contractor  of  1H14 
'15?  And,  again,  the  precious  metals  were  as  high  at  New 
York  as  at  Boston,  except  the  mere  difference  of  removal, 
which,  piobably,  never  exceeded  a  half  per  cent. 

The  '*  peculiar  state  of  the  troops"  of  the  state  of  New 
York,  with  a  vindictive  foe  constantly  menacing  her  south- 
ern and  northern  frontier,  "made  it  indispensable  to  sup- 
ply them;  and,  as  Government  could  not  furnish  paper  that 
circulated  at  par,  in  that  quarter,  you  ought  to  be  indemni- 
fied against  the  depreciation  "  The  remainder  of  this  ex- 
cellent letter  is  still  stronger  as  it  concludes;  is  general  in 
principle;  and  will  apply,  word  for  word,  to  the  present 
claimant's  case.  See  page  1 20. 

But  1  have  been  told,  1  lack  "  assurances,"  and,  consent- 
ing to  receive  Treasury  notes  long  after  the  balance  had  been 
declared  due,  precludes  me,  and  fixes  the  inadmissibility 
of  this  claim.  Sir,  «  feel  my  Government  insulted,  if  this  is 
meant  as  an  assertion  of  a  principle,  or  a  rule  of  proceeding, 
if  the  fact  stated  by  the  Third  Auditor  be  even  true.  Be- 
cause you  did  not  repair  to  Washington  during  "critical 
periods"  of  pending  military  operations,  and  alarm  the 
Government  by  threatening  to  abandon  your  contract,  and 
obtain  "  assurance"  that  you  would  be  paid  in  paper,  equal 
to  specie,  you  are  estopped  from  this  claim!  Because,  arter 
a  long  period  of  delay,  you  received  Treasury  notes  when 
we  had  nothing  better  to  offer;  therefore,  you  are  debarred 
from  the  after  decisions  of  the  Department!  Pag;e  120. 

The  Third  \uditor  has  too  much  discernment  to  plead  a 
atop  law,  or  act  of  limitation,  because  he  must  know  it  would 


» 


,/> 


■•:  \ 


■i  f 


m,  and 
rtion  to 
Hence, 
of  pro- 
be mar- 
will,  at 
to  meet 
tual  de- 

g,  whe- 
protec- 
)f  1814 
at  New 
emoval, 

of  New 
r  south- 
to  sup- 
per that 
idemni- 
this  ex- 
leral  in 
present 

consent- 
ad  been 
ssibility 
f  this  is 
needing, 
e.  Be- 
*  critical 
irm  the 
ict,  and 
r,  equal 
se,  arter 
;s  when 
ebarred 

20. 

plead  a 
t  would 


^ 


I 


■i   I 


11 

1)6  derogatory  to  the  honor  and  dignity  of  Government,  and 
opposed  to  the  principles  of  the  ctaislitutiuu;  and,  knowing 
by  his  own  sense  of  private  rectitude,  that  conscientious  in- 
dividuals never  resort  to  such  unworthy  excuses,  hut,  it  is 
to  be  regretted,  that  he  has,  on  many  occasions,  endeavored 
to  impress  it  on  the  minds  of  the  appellate  tribunal,  ^Hhis 
item  or  claim  was  not  before  tnade.^' 

When  1  took  what  the  Government  had  in  their  power  to 
give,  it  was  in  part,  and  not  because  my  right  to  future  in> 
dcmnification  was  surrendered,  or  waived.  The  official  cor- 
respondence will  show  the  reverse  of  such  surrender.  I  had 
the  constitution  as  my  protestor,  and  I  believed,  and  still 
believe,  the  Government  will  apply  every  principle  of  justice 
and  equity  to  all  claimants. 

At  the  time  my  accounts  were  settled,  in  part,  the  United 
States  were,  as  now,  a  sovereign  power,  and  could  not  be 
sued,  or  impleaded  liefore  our  courts,  as  a  debtor;  I  patiently 
awaited  the  period  when  her  intel  igent  statesmen  would 
apply  relief  Subsequent  to  the  payment  of  the  then  ascer- 
tained balance,  and  only  by  accident,  have  1  become  ac- 
quainted with  the  fact  of  the  existence  of  the  general  prin- 
cipte,  of  Secretary  Monroe's  letter  of  11th  January,  1815, 
and  Secretary  Crawford's  general  decision  of  27th  January, 
1816  These  enlightened  Statesmen,  seeing  the  justice  and 
equity  of  these  claims,  have  admitted  the  principles.  I  ask 
the  application  in  as  strong  a  case  as  can  possibly  exist. 

In  September  last,  when  the  claim  of  interest  on  the  as- 
certained balance  was  under  discussion  (wliich  claim  is  now 
fully  admitted  as  legitimate  in  his  last  report)  the  3d  Auditor 
appears  to  have  anticipated  this  claim  for  loss  on  Treasury 
notes,  and  sets  forth,  that,  when  the  first  sum  of  56,700 
dollars  was  paid.  Treasury  notes  were  believed  to  be  above 
par,  and  when  the  last  balance  of  188,000  dollars  was 
paid,  "  IVeasury  notes  were  likewise  three  to  four  per  cent, 
above  par."  See  page  S3.  If  he  stated  this,  then,  as  a  fact, 
it  would  only  be  necessary  to  confirm  it,  and  the  Honorably 
Secretary  Crawford's  principle  of  repaying  the  premium 
will  apply.  But  the  certificate  of  Messrs.  Prime^  Ward, 
and  Sands,  and  Nevins  andTownsend,  (the  very  bestevi^ 


T«1 


-ST  n  I  mi  A     ci  vt^l    atk  l/kXf 


^1 


'  V 


12 

book,  of  Messrs.  P  1    W.T.'.  ''«"«;™«»"ls  of  the 
speclable  broktrs!  '  *'"'  ®»'"''»  "r  other  re- 

resppeocT  wi«.  'Z'Zrl^Vf'Z'^-l!^''^''''^  "'  ""^  ="" 
ins  Hecretary  of  War,  resened  ,11  i!  '^?'"'y'  »»••  ^ct- 
.  Auditor's  declaration  to  thrin..  ^  "§'"''  "'«  Third 
conclusion  ol  my  leitcr  ofii^h  ,^'"'l""*"'"'»tan<lins.  '>  he 
tl>f  follottine  cleclamii^n  '^'"'''''  1^'*'  P«S«  '09,  hj 
"As  a  publifc'ed  toTrhoiri"  '^'""^1"''  °''  ^"hdmwn! 

receiving  T..eas..ry  notes  in  ]Zl'  ^K  ?*°'  '^J*'  "B"'  in 
flood  that  I  am  dJbamd  Cr/"  '/'  "."  ""'  *"  ''«  ""'ler- 
uterest  that  has  ~dfZJ  •"""  "'*  *1""'''''«  claim  for 
for  the  subsistence™  IlvlfTrT'"''''!  '"  G»vemment 
'he  correspondencerincInSthp  ? l^""',''  '*'*'««5"  ""d  «» 
and  SSd  .i„s„,(,  spVak  iVo„  «lt«  "^  1<!«.  May,  1815, 

^z.  of  the  emi.si„i  under  the  8lh  sec  ,"1  „f  ^^T-''^  H"*^'' 
February,  bearing  interest  mdfun^Zt  "  '*""»'  ^^'h 
To  the  best  of  mv  rprnllo,..;„    V"'         *'^  "*  *«"«»'  Per  cent 

fl.e  United  su2r„Tl:^z\":::\''fif'^'t^hri::L 

cent    and!  presume  the  recoTds„rH    "r""*  *'  '«^«"  P« 
establish  that  fact.  '*'  "^  ""*  treasury  will  fully 

Mr^DalW  mt "m  '"fV"^'  '^''' "  -'"  appear  by 
and  S3d  Auj,u.a?relT„;ent  ir  f '  *'«' ,'^,"''' "^  J"""  ^0^ 
propriatioB.'  Could  lie  bo  .n7l  '^''"'i  ^"^  ^»"'  «'  ap- 
Jnade  i«  May,  1813  bv  mvml  K^"  ''^«''  ""•'SO'I  '»  be 
The  Third   An-ti.    ' i  ^  ^  ™''' '"  Jannaiy,  (816? 

offered  in  Xf iV  ^to  "S  *"''  <■-*  »"  ■"-o"'.  that  I 
debt  for  100  if'  stock    |,eTho„Td  if  JT*-  r'"^"^  "*  9-'  of 
offer  was  made  to  me  bv  the  Hon  ^        '"'  ''i"'"  """"  the 
thorized  organ  of  G„ve™me„t  th  ♦!.  "^""-^  "*""'•  "«'  au- 
offers  on  those  terms  for  the  dlhf  ,?„"  ""*"  '''"'d^-  '"  ""c^ive 

the  debt  due  me,  188,000  dollars. 


•»  I 


I 


! 


18 

and  honor  of  the  United  CLh«<"  *  '"-'"  ""*  "*''" 
oblivion;  but  a,  the  Third  Auditor  '"'/«f' ''«<■"  buried  in 
"«,  an,l  if  the  plishted  feitl.  nf  /.,  ^  *  ■'''  ""'  ""'"  "gainst 
redeemed  hy  tEe  S f' '^,  .^'i;' XTld '  br '  • """  '«  "" 

o«.<e,a,edpa,n.ent,a?dtL'ri"eS:ri^^^^^^^^^^ 

CLAIM  V. 

^^' usual fnisluty^ater.'       ^^^  ^ 

8  5,949  00 

buur^^are':S5lVeS:te^^^^  ^  "t  ^^ 

tractor  must  resort  to  thosrm^rtl  ?  l"^'?'  ""*'  "•«  ™n. 
quor,  the  northern  parts  of  the  IT^^  fu^'!'"'  *'"«■*  ^"^  «- 
an  adequate  supply-  sucirlnr,.!^*'^  '^i'"'  "»'  fumishinff 

,  uary,  1813,  p.  78;)  thev  rnnl!;?  .■  '..P'  ^*'  *"''  6th  Jan- 
'  the  parties  at  the  time  LT 'ft"'','!?  "'"  "nderstandin?  of 
notice  was  given,  T±  Tat  Un^  ^'  P"'^''.''*  '^"^  "ade, 
?hould  be  made  aS  cfmure  1.  """'''''"'' '^'"""a-ce 
in  letter  of  I3th  pfb  "ary  Pa"  c  1 1' .""'!?"'  '"^  ^•"""i""'' 
and  opinion,  p.  134,  u7'^it)  %&'' ^f ''"«'  ?«§«  183. 
o  be  sh^     /i„  ,„;,!«)  J  he  a^^c  e^.«.re  o^ered 

in  part  of  friight,  and  had  I  „"  "."' '"'  P™""'"*'  *» 'a^e 
whole,  it  wouFd  lave  been  decEr'  ''''f.^"  ""^«  'he 
and  ftey  would  have  berintlt  ^^XC:?,  '"  "•"  "'•1-' 

encT'lVtrelXr^lJ- !^f^r.'^~-^^    The  differ- 

".e  equity  Of  the  ^^s^^^:  ■f:T&::,:^t^ 


14 

benefit,  and  tlie  act  of  governmeut  in  refusing  privilege  to 
charter  vessels  for  a  whole  c  rgo,  nacessariiy  precluded  the 
•upply  by  the  ordinary  clianuels. 


li 


CLAIM  VI. 

To  Balance  due  on  the  interference  of  Gen.  Hampton,  during  the 
summer  of  IBI 3,  paid  in  part  by  the  United  States  informer 
settlement,  -----    S4y500  00 

The  rule  as  stated  for  adjustment  of  this  violation  of 
my  contract,  was  adopted  by  the  Government;  that  is,  l>y 
the  actual  return  of  the  force  from  tlie  Atljutaut  Generu.'s 
office,  and  to  allow  the  per  centage  and  issue.  This,  al- 
though I  was  ready  to  go  into  the  proof  that  the  damages  ex- 
ceeded 55SO,GOO,  excluded  the  necessity  of  proof;  hut  inst'^ad 
of  adhering  to  the  principle  after  it  had  been  acceded  to  by 
both  parties,  they,  by  virtue  of  their  sovereign  will  and  pow- 
er,  gave  me  12|  per  cent,  leaving  the  one  cent  per  ration 
suspended.  Jt  will  be  remembered,  this  usurpation  on  the 
part  of  Gen.  Hampton,  considerittg  the  time  of  year,  during 
its  existence,  which  was  the  only  period  calculated  to  pro- 
vide meat,  and  manufacture  flour;  and  when  the  supply  was 
resumed,  the  roads  and  state  of  the  mills  on  that  frontier, 
greatly  embarrassed  the  contractor.  But  the  truth  is,  my 
credit  and  reputation  were  greatly  injured  in  the  eyes  of 
those  ignorant  of  the  military  usurpation  on  the  part  of  Gen. 
Hampton  and  the  temporary  distress  and  deficiency  at 
French  Mills,  and  the  deranged  state  of  the  commissariat, 
were  attributed  to  me,  when,  in  fact,  I  was  removed  from 
all  responsibility. 

^  My  agents  were  ready  1j  issue,  and  myself  on  the  ground 
in  September,  a  drove  *f  cattle  were  prepared,  and  large 
damages  paid  to  butchers,  and  others  were  actually  incur- 
red in  the  contemplated  issue.  As  the  Government  fixed  the 
principle  of  IS^  per  cent,  and  one  cent  per  ration,  I  claim 
what  was  acceded  to  as  the  measure  of  damages,  and  ask 
the  balance  suspended,  584,500.     See  page  50,  51, 52,  53, 


16 


ivile;;e  to 
:iu(ied  the 


v> 


during  the 
in  former 
S4,5'J0  00 

olation  of 
lat  is,  l>y 
Generk.'s 
This,  al- 
mages  ex- 
ut  inst'^ad 
led  to  by 
and  pow- 
)er  ration 
on  on  the 
iTf  during 
id  to  pro- 
ipply  was 
frontier, 
;h  is,  my 
I  eyes  of 
■t  of  Gen, 
ciency  at 
missariat, 
ved  from 

le  ground 

nd  large 

!y  incur- 

fixed  the 

I  claim 

arid  ask 

,52,  53, 


s  "• 


CLAIM  VII. 

To/ve  hundred  and  Jive  Be>f  Hides,  captured  and  destroyed  (m  tht 
J>ringur('.  frontier,  in  November  and  December,  1813,  an  su»uend^ 
€d  informer  account  in  IB  1 5,    -        .        .        .        81750  00 

This  claim  for  captured  property,  like  that  of  captured 
casks  and  packages,  containing  provision,  is  a  i  only  pro- 
vided for  by  the  sixth  articl-:  of  the  contract,  which  says, 
"  *^**  articles  necessarily  used  in  transporting  provision," 
&c.  The  tallow  is  paid  for  either  in  t?  >.  live  or  dead  ani- 
mal, because  that  is  "  a  part  of  the  ration,"  or  intended  to 
be  made  into  soap  or  candies.  A  boat,  vessel,  wagon, 
horse  or  ox,  is  to  be  paid  for  by  apprais'l,  if  ci.  -jing  liie 
ration,  and  used  as  t!^^  means  of  transporting  \ow,  1  will 
ask,  when  the  comman'ling  officers  require  fresn  beef,  if  the 
hide  is  not  necessarily  used  ♦*  in  transporting  the  beeves?'' 
Does  the  Third  Auditor  mean  to  say,  the  bullock  shall 
be  stripped  of  its  hide  first,  and  then  marched  to  the  fron- 
tier to  be  slaughtered?  It  is  not  necessary,  surely,  to 
say  one  word  more  as  to  this  claim  being  strictly  under  the 
sixth  article,  and  for  articles  necessarily  used  in  transport- 
ing the  meat  ration? 

But  u  hat  says  the  Third  Auditor  to  the  claim  under  that 
extensive  and  general  .article  of  my  contract,  that  provides 
for  this  among  other  casualties  in  the  "  increased  expense 
of  issue  m  the  enemy^i  country:"  If  1  lose  my  horse  by  bad 
roads,  or  capture  iu  the  enemy's  country,  am  I  not  to  be. 
paid  for  my  !,orse?  The  capture  of  the  hides  is  amons:  the 
contingencies,  and  the  increased  expense  of  issue  in  the^ene- 

SillT"*'^^   ^If"  ^^^*"'^  f"''"^^'''  ''  «"^»^  «»  t»»i«  point. 
Butm  this  case,  I  suppose  he  would  call  upon  me  to  show 

inri  ^^'^/^^^^^'^  «"»^  of  the  Niagara  frontier,  where  thecap- 
Np^ri  ^^'**'"^*»^"  *«?k  place,  was  in  the  enemy's  country, 
f^eed  1  state,  sir,  that  the  occupation  of  territory  by  sudden 
rruption,  or  permanent  conquest,  politically,  and  accordins: 
to  the  laws  of  war,  make  it  the  enemy's  country,  so  lone  as 
w/r'"'*'''']'^''^''  ^^^  ^^'^'^y  *«  «^^irittim  it  ?    If  the  helves 


qwfj 


/ 


/ 


Iff 

CLAIM  VIIL 

TQn\  per  cent,  allowance  for  Leakage  and  fFn^fng^nu  th.  • 
theliationsin  the  descent  of  the  St^LawrmT^^^^^  '^ 

cent  per  ration,  as  praoiUei  for  by  the  c  X?  £5^^^!  Tsis'' 

&5749  06 

"  If,  therefore,  these  provisions  were  t-ihcn  ft-nm  .1^^    -i 

"ie  i.i|  per  cent,  md  one  cent  per  ration,  for  issnp-  anri  if 
?:te"  "  "'^  '"*'^^'^ ''  ^"^  1-  -"^^S«  oraUrancTlc;' 
the™  hTlndifX^  ^"^'''  t^'"-^  **^*'^"Sli  the  medium  0/ 

hTr'riomri'n  J"."'^,?  ^'^^  clepositesJhlttadTe^n 
cnar^ea  to  me,  with  the  aUowance  of  the  12   ner  cent    an.l 

r^jLst  mv  r  Z^        "T"^*  ^'  ^^''^^""«»'  **»^t  i«  a  plea 
against  ray  claim,  for  casks  captured  and  destroyed  contain 

ing  the  gross  amount  of  those  provisions  on  tirvelT  exDe" 
tec  -^.^^^^^^  ^-^  ^^«^  ^-S. 

At  the  conclusion  of  his  remarks  on  this  claim  now  before 
us,  he  corrects  his  former  error  so  far,  as  to  say,  the  whole 
of  the  provision  was  passed  over  to  the  charge  of  the  Qua  ! 
ter  Master  General,  making  him  accountabll  for  the  loss; 
and  the  nett  amount  does  not  appear  in  the  accounts  as  de- 
posite;  of  course,  the  i3|  per  cent,  and  one  cent  for  issue,  was 

as  the  Third  Auditor  now  admits,  accompanied  the  exmM- 
tion,  and  issued  the  same.    See  letter  after  my  accounts  had 
beenfurnished,p.  104,  Oct.l7,  1K14. 
^  To  illustrate  the  case,  F  will  barely  state,  that  the  provi- 
8ion  might,  «n  par#,  have  been  the  deposites  alluded  to  by 
me  I  hird  Auditor,  and  charged  to  the  contractor  in  "  ma^s," 
T   .  "1    L,  ^J  other  and  distant  places  of  original  dip^isites. 
At^.ackett^s  Harbor  there  never  was  a  public  deposite,  un- 
a.  uve  uiODiiis  after  the  expedition  sailed,  although  a  depo 


V* 


•K> 


theis^ae  of 
3,  and  one 

'eb.  1813, 
&5749  06 

tleposites 
n  allowed 

le;  and  if 
v&noi  for 

tedium  o^ 
•efore  he 
le  provi- 
liad  been 
ent.  and 
3t  shown 
1  a  plea 
contain- 
y  cxpe- 
actually 
t  of  the 
— ,  but 
termin- 

V  before 
e  whole 
e  Quar- 
le  loss; 

as  de- 
ne, was 

agent, 
ixppdi- 
its  had 

provi- 

to  by 
mm," 
losites. 
e,  un. 

depo 


#4> 


17 

site  had  been  ordered  at  that  place  as  early  as  December, 

lllf'  the  nf'^'TI'  '^''-  ?««P^S«33/  In  February 
i»ld,    he  plan  of  the  campaign  was  changed  from  Lake 
Champkin  to  «ackett^s  Harbor%n  Lake  OnTario  he^ce  as 

and  before  they  could  be  deposited,  (to  the  loss  of  his  lU 
percent,  and  one  cent  per  ration,)  they  were  daily  consist 
bee  letters,  April  SI,  26, 28,  ISl^,  page  37,  38,  39  Tde 
positc  was  not  made,  as  no  intermediate  agent  was  appoint- 
ed to  receive  tliem,  nor  store  houses  provided:  hence  aU  the 
deposites  on  that  lake,  and  the  daUy  ^urcAa...,  were  ^ 
tocSvp'r'rn  h'^^^^^  andwereVonsumed,^o  an  extend 

the Tnn^'        ,T  ^'''T'*^  **»"  U"^*^^  ^^at^s',  as  well  as 
he  deposites  of  the  contractor.    Hence,  when  the  expedi- 

eJTnrcS  "  ""''''''  '"''' ''''  P'^^^^^^»«  wereV^The 

boa^d'so 3^^"*''^^'^  I"'  ^^\  expedition  was  placed  on 
Doa^d  30  or  40  beats,  and  could  it  be  otherwise  than  that 

taLf  ir/hi"'  '  fT''""''  ^^*"^"y  i^^'^^d  ^as  ascer. 

tamed  m  the  progress  of  the  expedition.     The  Contractoi- 

Tho  L";7f '^'^  ^^  *^^*  ^^^"^^i«  principal  agent  Mr' 
^1a     I  ?"*  ^**"'  assistants  followed  the  expedition,  and  is 
wlA]!:wf"""^'**rS«*'-     This  receiving  and  deliverii; 

i»sTot"to  mlke?W,Tl^''  ^K^^'^'  «  181*,  not  know. 

enS  to  t*e  cS°n?'/v"""  »«™»'''"'y  ^oWoy,  that  1  am 

petiaUv  .V/;i'f!'l"-°'^  *'f  P"'  <=«'««S«  and  issue,  more  e,- 

..=  „.  «ius,  expeuse  by  my  agents  atteading 


>aiTa» 


\  'v 


18 

tZiT't'  ^"l^i«"»  the  terms  and  meaning  of  mv  con- 
tract "  allowing  the  augmented  price  of  the  ration  ''^ 
1  am  now  about  to  take  leave  of  the  Third  A«,iu«        a 

ro  all  his  remarks.  Candor  induces  me  In  «av  ti,«  ¥k'  i 
Auditor  has  gone  into  the  examination  of  th!  .nL  ^"^ 
account,  and  claims,  as  reportr^to  vo„  on  .L  F^  "'".'*7 
ivith  feelings  and  views  le^s  hostUerm/riJhtst'd'S 
than  on  a  former  occasion,  and  with  a.,  La^     ,.        ^® 

ndiyidual  cases;  they  are  as  broad  as  the  earth?  and  as  ex 
tensive  as  the  Heavens.    It  is  in  vain  fn  n*f     \  .         « 
them  to  time  or  space.  "*  ^'^  ^"'""A^'  to  confine 

I  cannot  close  this  subject  without  remarking  that  all  ih^ 
facts  of  service  and  equivalent  are  ad^t  ed,  or  tt  denifd 
and  my  vouchers  correct  and  valid,  with  the  only  exSon 
of  the  small  claim  of  114  and  136  dollars  in  n^r^Lf^  ^-  T 
ed  in  Aiie-iis^  lasf.  ««.i  **»«!„•  ^L' '**  ^^^®""t  furnish- 
earn  August  last,  and  those,  in  the  opinion  of  the  Third 
Auditor,  suspended  for  further  explanation.    My  claims 
thus  admitted  as  genuine  and  true,  but  "not  admiLble  un! 
der  the  regulation  of  his  Department,"  it  only  remind  fm 
me  to  request  the  examination  of  the  case  by  the  C." 
tary  of  War,  and  ask  his  decision  on  the  claims  in  equ^j 
and  of  you  to  enforce  the  law,  and  apply  the  decisions  2f  the 
Department  that  have  governed  in  other  cases 
^^  ith  considerations  of  high  respect, 

I  remain  your  obedient  servant, 

ELBERT  ANDERSON, 

W'fl«/,v«-/^«   r      ««  -«  .  -^"^^  Contractor. 

Washington,  June  30, 1824. 

Richard  Cutts,  Esq. 

Second  Comptroller,  Treasury  Department 


>' 


/ 


\\ 


v 


/ 


19 

The  following  questions  have  been  submitted  to  me  for  my 
opinion,  by  Elbert  Anderson,  Esq.  late  Army  Contractor. 

1.  Whether  he  is  justly  entitled^to  the  customary  damages 
on  two  bills  drawn  by  him  on  the  Secretary  of  War,  in  Oct 
1814,  amounting  to  300,000  dollars,  and  protested  for  non 
payment,  inasmuch  as  his  vouchers  and  account  cunent  had 
been  previously  furnished  to  the  War  Department,  and  he 
was  entitled  to  draw  ? 

2.  Whether  he  be  entitled  to  indemnity  from  G'overnment 
for  loss  on  depreciated  Treasury  notes,  which,  when  paid  to 
him,  were  %  22,114  below  par  value? 

In  answer  to  the  first  question,  1  am  of  opinion  that  Mr 
Anderson  is  clearly  entitled  to  the  customary  allowance  of 
damages  according  to  the  law  merchant,  and  which  are  part 
ot  the  law  of  the  land,  upon  these  bills  protested.  "  The  uni- 
versal practice  and  laws  of  nearly  the  wliole  civilized  world 
has  settled  it  as  a  just  and  equitable  principle,  that  the  in- 
terest and  damages  should  follow  a  protested  bill.^'  This 
was  the  observation  contained  in  the  report  of  the  select 
committee  on  Mr.  Piatfs  claims,  and  it  was  well  founded  in 
justice  and  m  law,  and  I  cannot  hesitate  to  believe  that  the 
Government  of  the  United  .States  will  at  once  perceive,  ac 
knowledge,  and  admit  the  obligation  of  these  rule»«nd  usaees 
Which  are  prescribed  to  individuals  in  their  dealings  with 
6acn  otner. 

In  answer  to  the  second  question,  I  am  of  opinion  that 
Mr.  Anderson  .s  entitled  to  a  fair  and  just  indemnity  against 
tte  depreciation  of  the  notes  in  which  he  was  paid     The 

ffX'Hnlrr  ^T'l^^^.P^^  ^"  'P*^'^^-  I* ''  the  principle 
of  the  Constitution  that  debts  are  to  be  paid  in  ffold  and  Si- 

vai:,P^    nifr^"'  be  substituted,  it  ought  to  be  of  equivalent 
value-nothing  can  be  clearer  or  more  persuasively  iust  than 
this  pnnciple.  If  then,  Mr.  Anderson  was  paid  in  depreciat 
ed  paper,  because  the  fifovernment  had  not,  at  the  time,  any 

Lt"lfL'"vV'  '^'\'Y^  "'^  '^"""^^  ^«  consder^ce,  to  make 
good  the  difference  between  the  curren  value  of  the  Tr^ 
sury  notes,  when  paid,  and  the  par  value.  It  would  not  be 
tCZ^Iir- ^l-/.^^^^^  ^^  ^f  *-  -thority  on  this  p^oi'nt 


f'. 


20 

the  Govemmeutcouid  not  furnish  nanlr  J.i!k    •   ^  i  ***'.  *' 
^ew-rork,  id  June,  1834.  ^^^^^  ^^^"^ 


«;•«* 


I 


^^ 


-i<' 


I 


* 


#- 

md  forci- 
l)  that  as 
3ulated  at 
loss  aris- 

BNT. 


I 
Pi 


»■  'M 


■3 


V 


# 


Sudge  PlaWs  Opinion  on  the  Claims  of  Elbert  Anderson. 
Mr.  Anderson  having  submitted  for  mv  eva .»;«.♦:  i  • 
tracts  with  the  United  States,  bearing ZetZrHT  ''%T' 
vember.  181,,  and  the  25th  d'ay  «mi?^''r8l3  S  h  ^"- 
co  n,.any.ng  documents  and  rolTespon«lere^I  |.±  .  f  ^'; 
the  (luestions  which  have  arisen  betweerhhri.  i  h  *^"'"^'^^r^ 
ofKcers  of  the  Government  :  and  a,  X,  "    t  e  ^T^s  tX7'''« 

oCtlKToast  ill  1813.  '       ^""■'"'•l'.  <luii"g  tl-e  lilwkade 

or  6y  sea,  a?  .^^,4.  :  '.  a    'l"  u-d  Hu;;.!"  ™:'  ""•"'  "^^''f' 
e..«my.      Two  facta   ai-e  rntaii        .,,    •  n.ir.     "''"""  '^  "'« 

oirairfiirc  was  immtV«(  at  ,m  u^iu  1i   .    •         '  "le 'lazard 

v„l,i,„HriIy  .s„.„,ii,u..|  „,  aceHa^i'amf^ca    •     y  fi       r'"*"'"'*"'' 
wliepeby  he  saved  tn  the  UnitP,   «7o,        ^  additional  expense  ; 

■im  of  insurance  agan  can  iiir  !IT  *  T'"i '"'''"','  '"  "  1"''""- 
be  estimated  at  lesMhan  S  e  in  i^  Tl'  "'"''.  '"'"'"''''y  «"'"'« 
•  the  contractor.  Tha  he  arte,  Zll  ..'"".*  ""':  '■'"""•'''  ''^ 
tain  benefit  on  the  ^'l^^^t^'^^ii;,:^^:^?^  ?  -- 
tract,  cannot  be  doubted-  ai  d  lis  cT..?  •,'^  '*""'"' ™"- 
for  the  difference  betwcS  the  oxi  "i^se  rf  t,.  ^  '"''r"""^'  *'""  '» 
and  by  se.-,,  appears  to  me  to  be  dZ.  .1  *"""'?"'*''*"'"  h  land, 

boJtntal^llVir^^^^^^^^^  "^^  '^"^ 

and  to,  were  used  for  thrn^itnien  ^„f^,rr:'r  '  ."''  ""*» 
ly  i  they  were  not  indisnens'ahle  to  fh„  r  lei  "  ™'^*''''  ■"<■''- 
tract,  and  the  rations  J  ZLtd  the  rLff '  ",'7"  "^  ■"'""- 
property  of  the  Contractor     Ti„  ^   *'"'  '""'"  "^"'^  «>e 

iortation.  and  beWd t'th.  r?/'?  "'"'■  '''■'"'^''''  "^  »'•»■"•- 
Snd  oxen  or  boatr?'edr„ca,T,"  *«'"''  ''MT''  ""  "'-  '^'"•»' 
been  fop  barrels  of  floiir  LJ^    ^  V'™-    "  "•<■  '•""tract  had 

key,  a„S  box'^  of  sfZ^nd  caMl/''';^  ""'"  ''"S"'™"'  "'  »•"- 

n«i"ire  a  different  Sr.li™       ''  *'"'  '""S"  of  trade  would 

I  an.  therefore  of  „pi„i„„.  that,  for  all  such  casks,  vessels,  or 


tlie  imrcniiitv  ,    „  ,      !^;  '*'•>•.  s"^™'"  to  mew.  plain  as  to  ,ielv 

«e.al  and  ackmm UMlg.,!  principles  ofi,    i,v      i  avii'^n-T  ,S"    ' 
e.'.  an.l  1.™  g  i„  p,.„g,,..s,  „f  t.'an.sp,n.tation.  n,  l"r  an  o   lor  ,o 
deJ.ver  a.  a  <>.rta,n  post,  that  onlir  was  r onn.c  man  le       ',  2 
tho  Conti-actor  was  ,T,|.me,l  1„  .Idivef  at  another  p"""     W  „ 

1  fLl'lll  l'"  "  ™"*'"|5'""'J'  ,<l''l'<-"-ling  on  acddenl.  or  tl,c  act  of 
ajomgn  <,m.mment.  it  wonid  have  hceii  auioiiir  the  ha7-ii-.l«  ] 
c..  ent  .„  the  Contract.     So.  if  the  Contract  lor  wl  rkev  ha    been 
J;  ":*■"  *"»  ''rV^<r  i"'">id„als.  h..th  alike  suhj  ct  to  t  r^ove" 
P.gn  power  01  laving  taxes.     But.  where  the  ionfrac"  is  w  th 
the  Governnient,  on  whose  volition  it  depends,  whether  sucl.VJv 

^einnent    should    abstain   from    layinc  such  tax.  or    thit  it 

tracf  nrire   «nfl  f       '^  /'«'^/«'^'''  .mposiHon.     Suppose  the  ror,, 
Tldct  |iiice,  and  ^air  value  of  whi.skey  to  be  ft5  cents  per  gallon  ; 


t\ 


i<s  agcnw, 
'g  rations; 

"^icle  of  tlio 
I  as  to  <»efv 
it.  Were 
i'J.Eftlio  ar, 
v  tlii.s  con, 
y  slialJ   he 

lied  to  re- 
lid  not  r«. 
tliat   they 
<()nti'ai'y  , 
expense  ; 
rlaiin. 
ving  pro- 
born,  re- 

lerial  oiv 
m  is  well 
tained  in 
3.      But, 
li  a  rase ; 
n.  on  ge,    I 
piircJias- 
order  to 
cd  :  nnd 
t.     Who 
Declared 

date  of 

le  art  of 
ards  in- 
lad  been 
le  nove- 
ls with 
iieh  tax 
the  Go, 
that  it 
iustain. 
he  ron-. 


I 


i:f 


4tid  then  fluppose  the  Gofernmcnt,  which  contracted  at  that  pHce 

Bistoi  theliilhlinemol  the  contract,  on  the  original  terms  •  is  it 

bleach  of  f a  t h  ?  ri^e  present  case  differs  only  in  degrel  and 
{H»t  in  p,,«c//)  ..  In  this  case,  a  tax  of  14  cents  per  gaflon  •  s 
i.nposed  ;  which  nm'ssarily  enhanced  the  price  of  that  article  to 
an  equal  amount  And  not  only  so.  but  in  effect,  that  amount 
^  as  taken  fro,,,  the  pocket  of  Mr.  Anderson,  and  placed  th^ 
Treasury  of  the  Lnitcd  States.  What  he  „,  extra,  the  other 
contracting  party  vndve..  To  refuse  compenLtion  for  the  Z 
ration  of  this  tax  upon  the  contract,  would  be  as  unjust.  an.Us 
arbitrary,  as  t(,  pass  a  law  that  Mr.  Anderson  should  be  bound 
to  n,  e.ve  14  cents  per  gallon  less  than  the  contract  prjce 

My  lespect  fo,-  the  Government  of  mv  country  wi  1  not  nermit 

me  to  doubt  of  the  success  of  this  appeal  to  its  justice?     ^        * 

bv  venth.      riie  claim  for  interest  on  balance;s  due   the  Con- 

The  9th  article  of  the   Contract  provides  that  Mr.  Anderson 

shall  render  his  accounts  for  settlement,  at  least  once  ineZrl 

'XZ::r''''       ««  ^ad  a  right  to  do  so,'as  much  oTe^rr  Ti:! 

The  loth  article  expressly  stipulates.  *^that  if  any  balance 
sha,,   o,.  any  settlement  of  the  arcou.ts,  be  found  to^,e  d      to 

J     n    u      '"'"'  •''*""  ^^^^eMately  be  paid.      And  that  no  nnrea. 

0*  sonable  or  unnecessary  delay    on  the  pa,-t  of  the  ollice,^  ZtL 

^aiz'/^'' ''"" ''  ^'''^  '^  ^'-  -«'— t  o/th;*';' 

There  is  no  express  stipulation  that  the   Government  should 
make  advances  of  money,  hefore  the  settlement  of  accounts 
^.etenns  and  scope  of  the  lOth  article  plainly  imph^  lat's^ 
prospective  advances  were  contemplated  bv  the  pp  -ties  -and   he 
usage  of  the  Government  jiistlHed  inch  an  exp.vLion    '  ' 

whTttr'Jhfr"""  ^vhich  the  justice  ofthis'claim  depends,  is, 
whether  the  Government  was  in  default  ?     If  the  bala  ice  in  f. 

stiU  refused.  It  would  seem  to   bean  unquestionable  dictate     f 

ftis  r  ^^.  "r-^^t  «l-"''«  '>e  allowed  f.-l  the  date  o!  slch  r  ! 

r^'^n  «!;/.•     7'^ ''''''  ^""^  ♦•  «nr.«*on«&f.  or  unnecessary  de- 

h^ln  defr'      "^  '"  ^7.T^''  ^^'  Gove,.n»,sent  would  thenccfortli 

?ettle  /t'rf/""/"  ^'^^  '"''':''^*'  "'  S-ernmental  contrac  ^  i 'To 
Jllli'V^^^  useof  nmnev   a,K|   to  de? 

Bignate  the  time  awd  olace  of  navmonf      a  ^a  ,„i'^  ..-_  J.         ■ 

X.      -     -- J— ^  ...^,,v.     j^««  ^T licit;  uiu  Lrovernv 


A 


.<£«£" 


/' 


i24 


w 


n 


V I 


men  arknowledgc  a  r^obt,  and  roluse  toVy  intorest  for  mrtnnir 
w.ll.  u.  .1  ln>.„  t.., editor,  it  in  as  absolufeu  breaduw!  Ih  .^ 
iveuMbc  to  ..etuse  intorest  on  IL    National  Fud-    Debt' "V„ 

rigbtto  draw,  1  can  see  no  reason  vvby  the  Gox  cnmu  ntll  m 
not  repair  tbe  injury,  by  the  san.e  rule,  is  iT p  ""i  "  ?ortliu 
injury  between  private  individuals  ;  which  a  lows  no  oh  at! 
gal  rate  ol  interest,  but  such  sun.  as  will  cover  all  rdina  v 
da.nages.  occasione.l  by  disappointment,  loss  of  credi  ,  an  con 
sequeut  en.barrassment.      It  is  commonly  liquidated  at  "oi;"; 

Eighth.     The  claim  for  loss  on  depreciated  Treasury  notes 
1  ha  the  true  constrnrtion  of  tbe  Contract  is,  thai  Oom-n- 
n  ent  should  pay  in  specie,  or  in  something  equivalent   ?^rn 
p  an,  to  be  questioned.     Has  it  dor.c  so  i     /o  T'  PidHc  ;x?^en 
cjes  compelle.1  a  departure  fro.n  the  ter.ns  of  the  cCn    acr^fncl 
the   contractor  was  under  a  necessity  of   receivinrTrels;  rr 

nor^r*''J«'  '"•'"'  i"/'*"^'-*  t''*^:^  were  available  rohmr.o 
.ore  than  86  per  cent  of  par  value.  The  public  necessity  is  no  v 
en  oved,  by  an  overflowing  Treasury  :  and  the  question  oT  mo! 
ral.ty  jnst.ce,  and  honor,  now  is.  whether  the  Contractor  shaU 
ir.  tact  receive  his  stipulated  .■eward.  whei-e  he  has  been  iinn 
Jlefault,  and  has  faithfully  performed  his  cont.'act  ?  or  sha  e 
^>sel4,.ercent.ofhis  promised  rewa.-d,  beca.'se  the' Govert. 
ment  was  unable,  atithe  time,  to  give  him  any  thing  betS  thTn 
Ireasury  notes  ?  It  seems  to  n.e,  that,  to  doubt  ol' the  succe"" 
Un!;;7sS;"  "  ""'""'  *"  *'"   Government  of  t^^^  1 

Ninth.     The  claim  for  hides  captured  and  destroyed  on  the 
Niagara  frontie.',  in  November,  18 IS.  .r    •  "o  me 

These  were  hides  of  cattle  driven  by  the  Contractor  to  that 
frontier,  to  supply  ft-esh  beef  rations.      The   6th   article   of  the 
contract  stipulates  that  «•  all  losses  sustained  by  the  denreda 
«  t.ons  of  an  enemy,  in  articles  intended  to  comp4e  rations,  *cc. 

«  ZT     "Vk  fr  property  necessarily   used  for  transporting 
«  the  same,''  shall  be  paid  for  by  the  United  States  ^ 

Assum.ng  that  it  was  a  reasonable  and  proper  execntion  of  the 
Contract,  to  dr.ve  the  cattle  alive  to  the  station  requi.-ed  ;  the 
question  presented  .s,  whether  the  skins  were  -  necessarily  nsed 
m  transporting  the  same  ?"  I  »j^.  no  ground  to  contend,  that 
the  hides  were  not  the  pfope.'ty  ofTlie  Contractor  ;  and,  in  every 
view,  I  am  of  opinion  that  this  claim  is  well  founded. 

rr™,        «..!  XT         ,  JONAS  PLATT. 

Utica,  24th  Novembei-,  1824. 


« 


for  }n(\f)(*y 

laltil.  a:  it 

Debt,     in 

uiwledged 

•nt  should 

t'<»r  a  like 

only  a  le- 

oi'diiiaiy 

atid  coii- 

it  20  per 

'  notes. 

Gi)vern- 
ut.  is  too 
c  exigen* 
ict  ;  and 
rreasurjr 
lim  at  no 
ty  is  now 
m  of  mo- 
tor shall 
bn  in  no 

shall  he 
Govern- 
tter  than 
J  success  - 
t  of  the  • 

1  on  the 

r  to  that 
!  of  the 
lepreda- 
ins,  *cc. 
sporting 

m  of the 
ed  ;  the 
ily  used 
nd,  that 
n  every 

LTT. 


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